When you lose a loved one it can be overwhelming, especially if the death was because of an accident or avoidable event. Families who lose their loved ones suffer great emotional suffering and mental anguish. However, these families also suffer great financial harm, especially when the loved one is a contributing member of the household income.
If your loved one died because of a wrongful act, negligence, willful act, or fault of another person, you might be entitled to compensation for your loss. The Law Offices of Blaine J. Barrilleaux assists families in seeking justice for their loved one by holding the person responsible for his or her death liable for damages.
What is a Wrongful Death Claim?
No amount of money will relieve the pain and suffering of losing a loved one. However, the judicial system cannot undo what has happened to your family. It can provide a means for you to seek monetary compensation from the person or party who is responsible for the death of your family member. Some of the types of compensation you may receive in a wrongful death action include:
- Cremation, funeral, and burial expenses
- Medical expenses from the time of injury through the time of death
- Loss of future earnings and income
- Loss of consortium and support
- Pain and suffering
A wrongful death lawsuit or an accidental death lawsuit is the legal process that allows a family to seek compensation from the responsible party for the loss of the financial, emotional, and physical support from their deceased family member. It also allows for the compensation of the mental anguish and emotional suffering caused by the death of a loved one.
A wrongful death can occur as the result of a variety of causes including, but not limited to:
- Car and truck accidents, including bicycle and pedestrian accidents
- Medical malpractice
- Motorcycle crashes
- Assault and murder
- Sports and recreational activities
- Workplace accidents
- Falls on another person’s property
- Defective products
- Dangerous drugs and defective medical devices
- Maritime accidents
- Environmental health damages
Almost any negligent or careless act can give rise to a wrongful death claim. It is important to contact a Lafayette wrongful death attorney as soon as possible to discuss filing a claim. Louisiana’s statute of limitations limits your time to file a wrongful death action.
Who Can File a Wrongful Death Action in Louisiana?
Each state has its own wrongful death laws that dictate who may file a wrongful death claim. In some states, the deceased person’s estate must file the claim, but in other states, one or more of the surviving family members can file an action.
Under Louisiana’s wrongful death statutes, several individuals may file a wrongful death lawsuit. In order of priority the individuals are:
- Surviving spouses and children, including adopted children
- Parents of the deceased
- Siblings of the deceased, including adopted siblings
- A representative of the deceased’s estate
If there are no surviving relatives and an estate has not been opened, there is no one to file a wrongful death lawsuit. As stated above, your time to file a lawsuit is limited by law. You have one year from the date of death to file a wrongful death lawsuit in Louisiana.
It is imperative that you contact a Metairie wrongful death lawyer as soon as possible to discuss legal options for holding the person responsible for your loved one’s death accountable and liable. Call 504-218-4419 for a free case evaluation.
Contact a Wrongful Death Lawyer for Free Consultation
In most cases, the sudden loss of a loved one can leave the remaining family members feeling powerless and in a state of confusion. However, seeking justice for your loved one can give you a sense of purpose and aid in the healing process. Our wrongful death lawyers want to help you prove that the party responsible for your family member’s death acted improperly and negligently given the circumstances and that action caused your loved one’s death.
With almost 20 years of legal experience, the attorneys of The Law Offices of Blaine J. Barrilleaux serve the residents of Lafayette, Metairie, and the surrounding towns and counties with dedication, compassion, and skill.
The Law Offices of Blaine Barrilleaux is a personal injury law firm in Louisiana with offices in both Lafayette and Metairie. Our law firm welcomes a wide range of personal injury cases including auto accidents, truck accidents, workers compensation and wrongful death. To schedule a consultation with one of our practicing attorneys, please give us a call at 337-989-1212 or complete our inquiry contact form.