Losing a loved one prematurely and due to the act of another is devastating, to say the least. Unfortunately, people lose their lives in car accidents, at the hands of negligent medical professionals, and in a wide array of other circumstances far more often than any of us would like to think. If your loved one lost their life due to another person’s actions, a compassionate Monroe wrongful death lawyer from our firm is here to help. Contact Breithaupt, DuBos & Wolleson today so we can get working on your case.
Wrongful Death Lawyer | Serving Families in Monroe & throughout Louisiana
We know that in the time after losing a loved one, what matters most is processing the tragedy, honoring your loved one’s memory, and, eventually, picking up the pieces and moving on with your life to the best of your ability. Though filing a lawsuit doesn’t specifically fit into that process, for many, holding the right parties accountable can help them attain a sense of justice, allowing them to begin to move forward. Our firm is dedicated to helping grieving families get the justice they deserve.
Wrongful Death Defined
Of course, whenever a loved one loses their life, it feels wrong. However, not even death qualifies for a wrongful death claim. To have a valid wrongful death claim in Louisiana, you must prove that your loved one lost his or her life either due to a negligent act of another, an act of medical malpractice, or an intentional act, such as a crime committed against them.
Bringing a Wrongful Death Lawsuit in Louisiana
Though a person’s death can significantly impact all those who knew the individual, unfortunately, not everyone affected can file a wrongful death lawsuit in Louisiana. In Louisiana, the deceased’s surviving spouse or children may bring a wrongful death claim. If the decedent doesn’t have a surviving spouse or child, their parents may bring the claim. If the decedent doesn’t have any surviving parents, their surviving siblings may bring the claim. Finally, if there are no surviving siblings, their surviving grandparents may bring the claim. Ensure you bring your wrongful death lawsuit within one year from the date of death, or two years from the date the injury was sustained, whichever is longer, under Louisiana Civil Code article 2315.2. Failing to do so will likely result in losing your right to bring a lawsuit altogether.
Understanding the Wrongful Death Filing Deadline
Louisiana recently changed how long families have to file a wrongful death claim. For deaths governed by the current rule, the claim must generally be brought within the longer of two periods: one year from the date of death, or two years from the date the underlying injury was sustained. This dual calculation gives some families more time than the old one-year deadline allowed, though the exact deadline still depends on the facts of your case.
One important exception applies. When the death resulted from medical malpractice, Louisiana law provides that the wrongful death claim must be brought within one year from the date of death, without the alternative two-year calculation. Because these deadlines are strict and the correct one is not always obvious, and because losing track of the deadline can end an otherwise strong claim, it is wise to speak with a wrongful death lawyer as early as possible so your family’s rights are protected.
Recovering Damages
As long as we can satisfy the burden of proof in your wrongful death claim, you should recover compensation for the economic and non-economic losses you and your family have suffered as a result of the death. These damages can include:
- The cost of funeral/burial expenses
- The cost of medical bills
- Lost wages that your loved one would have earned
- The value of household services your loved one provided
- Pain and suffering you’ve endured
- The loss of enjoyment of life
- Loss of care, companionship, or guidance
Contact a Wrongful Death Lawyer Today
We know that compensation recovered in a wrongful death lawsuit simply cannot fill the void left by your loved one’s passing, but it can help ease the economic burden you’ve incurred and hold the right people accountable for your loss. If you have any questions or would like to file a claim, please don’t hesitate to contact a compassionate wrongful death lawyer from Breithaupt, DuBos & Wolleson for a free consultation today.