Louisiana law permits injured people to recover compensation from anyone who acts unreasonably and harms them. However, when the injured party dies because of the negligence of another person, the family can file a wrongful death lawsuit to be compensated for their losses.
When your family member died because someone was careless or reckless, our compassionate wrongful death attorneys at Tomeny | Best could offer competent advocacy in insurance negotiations and bring a case before a jury if a settlement does not adequately fulfill your family’s needs. Filing a Baton Rouge wrongful death action is difficult, and our attorneys could help you understand the necessary steps to take so it has the maximum chance for success.
Filing a Wrongful Death Action
Louisiana has established a hierarchy of who can file a wrongful death action. This prevents the courts from being inundated with lawsuits by multiple family members concerning the same wrongful death.
Louisiana Civil Code § 2315.2 allows wrongful death actions to be filed by close family members in a specific order. The civil code permits spouses and/or children of the decedent to file wrongful death actions first, but if there are no children and/or spouse, the decedent’s parents are next in line to file an action followed by siblings of the descendent. If there are no children, spouse, parents, or siblings of the decedent, grandparents can file a wrongful death action in Baton Rouge.
Understanding the Damages Available
Damages available in a wrongful death action cover calculable and subjective losses, known as special and general damages. In a wrongful death claim, the family can be compensated for:
- A spouse’s loss of consortium
- A child’s loss of a parent’s counsel
- future wages that would have been contributed to the family’s support
- The decedent’s final expenses, including bills for medical treatment associated with the injuries inflicted by the at-fault party, funeral expenses, such as memorial services, a casket and burial plot, urn and cremation services, and grave maintenance
Our Baton Rouge attorneys could discuss how filing a wrongful death action can help family’s stabilize their finances during a private consultation.
Statute of Limitations
Louisiana Civil Code § 2315.2 also sets forth the statute of limitations the family of a wrongful death has to file a lawsuit. The one-year deadline is among the shortest windows in the country and places pressure on a family because failing to comply with the deadline means the claim will most likely be barred.
Our Baton Rouge Attorneys Will Negotiate a Wrongful Death Action on Your Behalf
The sudden death of a family member is complicated. Our understanding attorneys will work hard to negotiate suitable settlements or litigate a claim so you can be with your family.
The legal team at Tomeny | Best is dedicated to fulfilling your legal needs. When your family is in this position, call our office to schedule a free consultation concerning filing a Baton Rouge wrongful death action today.
