Doran & Cawthorne, P.L.L.C. Articles Louisiana Wrongful Death Laws

Louisiana Wrongful Death Laws

By Doran & Cawthorne, P.L.L.C.  Dec. 5, 2013 10:20a

Wrongful death cases stem from all kinds of scenarios. The most common are wrongful deaths caused in traffic accidents by drunk, drug-impaired, distracted, or otherwise negligent drivers. Those family members who lose a loved one due to the negligent actions or inactions of others may have grounds for a claim or lawsuit to recover certain damages. In Louisiana, these family members in order of preference include 1) spouses and minor children 2) major children 3) parents and 4) blood brothers and sisters. The major types of damages that these beneficiaries may seek are loss of support, loss of society, and grief and anguish. Additional damages include medical, hospital, and funeral expenses and loss of wages suffered by the plaintiff.

Loss of support damages are based on proof that the decedent contributed to the support of the claimant. The court will generally take into consideration the decedent's earnings and life expectancy when determining this factor. Often, damages for loss of society and grief and anguish are combined with loss of support into one sum by courts, which may make it difficult to understand how they break down. Loss of society consists of being deprived of the affection and companionship of the deceased family member. Grief and anguish is based on the sudden and unexpected nature of the death. The closeness of relationships between claimants and the deceased will be reviewed by the court in making its determination of how much to award in these types of damages.

Lafayette and New Orleans Personal Injury and Wrongful Death Firm

Wrongful death claims may be filed by family survivors after a loved one has died in any type of fault-based accident or incident, such as a car, motorcycle, truck, bus, bicycle, or pedestrian accident, a construction accident, a swimming pool or drowning accident, through the use of a defective product, an accident caused by hazardous conditions on a public or private property, and in other situations. If you believe you have cause for a wrongful death claim, it is vital that you get the legal advice of a knowledgeable attorney as soon as possible as you may be subject to a limited window of time in which to pursue legal action.

At Doran & Cawthorne, PLLC you can get the legal guidance you need in any personal injury or wrongful death matter. The firm serves clients in Lafayette and New Orleans with experienced legal representation and personalized service. The firm's attorneys have more than 24 years of combined experience in this field and have achieved an "Excellent" rating by Avvo. They offer a free case evaluation in which you can discuss your case and get your questions answered. If you believe you have been harmed through negligent behavior, contact the firm to schedule your case review as soon as possible.

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