Losing a loved one due to someone else’s recklessness is, unfortunately, a devastating reality that U.S. families face every day.
Bryan Fisher and the team at Fisher Injury Lawyers have supported countless families after wrongful death cases over the past 33+ years. Our Baton Rouge wrongful death attorneys have the skills, experience, and compassion needed to handle these sensitive cases and understand the emotional toll they bring.
No legal action can alleviate the pain of losing a loved one, but we are committed to holding those responsible accountable and ensuring you receive the compensation you deserve. Contact our compassionate Baton Rouge personal injury lawyers today to schedule a free consultation.
How Wrongful Death Happens in Baton Rouge
Wrongful death can result from virtually any type of accident or event—some are intentional, while others are accidental.
For instance, if your loved one was killed in a drunk driving accident, a Baton Rouge car accident lawyer can help your family pursue a wrongful death claim. Fatalities are also common in work-related incidents, particularly in high-risk industries such as construction, manufacturing, and factory work.
In some cases, wrongful death may be intentional. If your loved one died due to a domestic violence attack, your family may have the right to file a wrongful death claim against the perpetrator. In cases like these, punitive damages may also be awarded as outlined in Louisiana Civil Code Article 2315.8.
For a free legal consultation with a wrongful death lawyer serving Baton Rouge, call 225.766.1234
The Liable Party Could also Face Criminal Charges
A wrongful death attorney in Baton Rouge will closely monitor whether the liable party faces criminal charges. It’s important to understand that even if someone is found responsible for a wrongful death, it does not automatically mean they will face criminal prosecution; criminal charges are typically pursued only if a state or federal law was violated.
For example, if your loved one was killed in a work-related slip-and-fall accident, criminal charges may not be appropriate unless there was intentional misconduct.
However, if your loved one was fatally injured in a drunk driving accident, the defendant may be charged with driving under the influence (DUI) under LA R.S. § 14:98, vehicular homicide under LA R.S. § 14:32.1, or similar offenses.
Whether or not the defendant faces criminal charges could significantly impact your wrongful death claim. That’s because a criminal conviction could be used as strong evidence of liability in civil court. If criminal charges are filed, the state may need to retain certain evidence in its case against the defendant.
This means the evidence needed to prove liability in civil court may not be accessible until the criminal proceedings are concluded. However, if the defendant is found guilty in criminal court, the conviction can serve as strong evidence to help establish liability in your civil wrongful death claim.
Baton Rouge Wrongful Death Lawyer Near Me 225.766.1234
Louisiana Wrongful Death Laws that Could Influence Your Legal Claim
Our Baton Rouge wrongful death attorney at Fisher Injury Lawyers will ensure that you understand how state law affects your ability to seek justice.
Under LA Civil Code § 2315.2, you may have the right to file a wrongful death claim if one party is responsible for causing another person’s death. Whether the defendant acted intentionally or accidentally, they may still be held liable in civil court to compensate your family.
Types of Recoverable Damages
If the defendant is found liable for your family member’s death, your family may be entitled to compensatory damages. These damages include economic and non-economic losses your loved one and family experienced due to the fatal injuries. Examples of damages that could be awarded in a Baton Rouge wrongful death claim include:
- Burial and funeral expenses
- Loss of comfort and companionship
- Loss of household services
- Lost benefits and earnings
- Medical expenses and equipment
- Emotional distress, anguish, and grief
It is important to note that Louisiana does not cap damages in most wrongful death claims. However, if your loved one’s death was caused by medical negligence, the damages may be subject to the medical malpractice cap as outlined in LA R.S. § 40:1231.2, which limits total recoverable damages to $500,000, excluding future medical expenses.
The Right to File the Wrongful Death Action in Baton Rouge, LA
Not just anyone can file a wrongful death claim in Louisiana. According to LA Civil Code 2315.2, only certain individuals have the right to bring the claim. These include the following, in order of priority:
- The decedent’s surviving children or spouse
- The decedent’s surviving parents if there are no surviving spouse or children
- The decedent’s surviving siblings if there are no surviving spouse, children, or parents
- The decedent’s surviving grandparents if there are no surviving spouse, children, parents, or siblings
The Statute of Limitations
In Louisiana, the statute of limitations for filing a wrongful death claim is one year from the date of the decedent’s death, as specified in Louisiana Civil Code Article 2315.2.
Recent legislative changes have extended the prescriptive period for certain delictual actions, such as personal injury claims, from one year to two years.
However, it’s important to note that Article 2315.2, which governs wrongful death actions, was not amended by this bill. Therefore, the prescriptive period for wrongful death claims remains at one year.
Given these nuances, it’s important to consult with our legal team to understand the deadlines that apply to your case and ensure that it’s filed within the appropriate timeframe.
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Connect With a Compassionate Wrongful Death Lawyer in Baton Rouge for Help Today
Losing a loved one can bring not only emotional suffering but also severe financial hardships for surviving family members.
When you are ready to pursue the compensation your family is entitled to, contact an experienced wrongful death attorney in Baton Rouge from Fisher Injury Lawyers.
With over 33 years of experience, our firm is known for providing compassionate, effective representation to families during their most difficult times. We offer free consultations to surviving family members to discuss your legal options. Fill out our online contact form or call our office today to get started on your case.
Call or text 225.766.1234 or complete a Free Case Evaluation form