Wrongful Death
In Louisiana, a wrongful death action can be brought against a party who is negligent in causing the death of a family member. It can be brought on behalf of a surviving spouse and children. If there is no spouse or child, it can be brought on behalf of siblings. Other family members can bring these actions where no brothers or sisters exist.
When a wrongful death claim is brought by the surviving spouse and children, the wife is entitled to recover damages for loss of support and services. This would involve receiving a sum of money which would represent all of the support to which she would have been entitled if her husband had survived. She is also entitled to an amount for services which are things the husband would have done to help in the home, such as home repairs. A wife is additionally entitled to damages for loss of love and affection, as well as grief, mental anguish and distress, as a result of her loss.
The children are entitled to the same damages for the loss of their father including an additional claim for nurture and guidance which involves the teaching and guidance that a parent would have provided. Children are also entitled to loss of the support they would have received until they reached the age of majority.
When a loved one sees an event which causes their loved one’s death, that family member has a right to damages from anguish and emotional stress as a result of viewing the tragic event or the circumstances immediately thereafter which caused the loss.
There is also a survival claim under Louisiana law in which a loved one who is seriously injured and then dies, the damages for the pain and suffering that loved one experienced prior to death are recoverable by their survivors. Additionally, any medical bills which were incurred prior to death, as well as funeral expenses, are recoverable.
A claim for wrongful death must be filed in Court within one year under Louisiana law.
A knowledgeable wrongful death attorney with a history of successful results is able to investigate the circumstances surrounding a death and provide legal advice to the family concerning all of their rights and options. A successful trial lawyer can pursue the wrongful death claim in court if necessary.
In many families, the loss of a loved one will cause overwhelming feelings of sorrow and grief which makes the thought of pursuing legal action very difficult. An experienced wrongful death attorney will appreciate the sensitivity of the situation and assist the family in pursuing their claims with dignity and understanding.
Although no amount of money can replace a lost loved one, a wrongful death claim is usually necessary to protect the future of a wife and children who have lost her husband and their father.
Frank Lamothe has extensive experience in representing family members in wrongful death actions. If a loved one has been killed as a result of the negligence or fault of a person or corporation, you may be eligible to file a wrongful death action. Please contact us today to speak with Mr. Lamothe who will evaluate your case free of charge to determine the best way to protect your legal interest and your future.