Understanding Wrongful Death Claims in Louisiana After a Fatal Accident
Understanding Wrongful Death Claims in Louisiana After a Fatal Accident
Losing a loved one in a sudden accident is devastating, especially when it could have been prevented. In Louisiana, families who lose someone due to another party’s negligence may have the right to pursue a wrongful death claim. At Schmolke Law Firm, we help families in Baton Rouge navigate this difficult legal process with care and clarity.
What Is a Wrongful Death Claim?
A wrongful death claim arises when someone dies due to the fault of another person or entity. This can include car accidents, workplace incidents, medical malpractice, or defective products. Louisiana law allows certain surviving family members to file a lawsuit seeking compensation for their loss.
Who Can File a Wrongful Death Claim in Louisiana?
Under Louisiana Civil Code § 2315.2, the following individuals may be eligible to bring a wrongful death claim:
- The surviving spouse and children of the deceased
- If none, then the surviving parents
- If no parents, then surviving siblings
- If no siblings, then surviving grandparents
These claims must be filed within one year of the person’s death, as Louisiana has a strict statute of limitations.
What Damages Can Be Recovered?
A successful wrongful death claim can help cover:
- Funeral and burial expenses
- Loss of financial support and benefits
- Medical bills related to the deceased’s final injury
- Emotional pain and suffering (also called loss of consortium)
- Loss of companionship and guidance
Each case is unique, and damages are calculated based on the specific financial and emotional impact the death has had on the surviving family.
Proving a Wrongful Death Claim
To hold another party responsible for wrongful death, the claimant must prove:
- A duty of care existed (e.g., drivers must obey traffic laws).
- The defendant breached that duty through negligence or misconduct.
- That breach directly caused the fatal accident.
- The death resulted in damages to the surviving family members.
These cases often require careful investigation, expert testimony, and legal strategy to establish fault and maximize recovery.
How Schmolke Law Firm Supports Baton Rouge Families
At Schmolke Law Firm, we provide legal assistance to families in Baton Rouge who are grieving and seeking justice. We work to relieve the legal burden so you can focus on healing. Our team is committed to helping you pursue the compensation you deserve and holding the responsible party accountable.
