Losing a loved one is never easy, but when that loss could have been prevented, it can be even more devastating. Wrongful death lawsuits are legal actions taken by the surviving family members of a deceased individual against the party responsible for their death. If you are a Louisiana resident who has lost a loved one due to someone else's negligence or intentional actions, it's important to understand what a wrongful death suit covers and how it can help you seek justice for your loved one.

A wrongful death lawsuit in Louisiana is a civil action brought by the surviving family members of a deceased person against the party whose negligence or intentional wrongdoing caused their death. This type of lawsuit seeks to hold the responsible party accountable for their actions and provide compensation to the surviving family members for their loss.

Who can file for a wrongful death lawsuit in Louisiana?



In this state, only certain family members are eligible to file a wrongful death lawsuit. Typically, this includes spouses, children, parents, or siblings of the deceased individual. These individuals are known as "survivors" under Louisiana law and have specific rights when it comes to filing a wrongful death claim.

What are the elements of a wrongful death lawsuit? In order to successfully bring a wrongful death claim in Louisiana, certain elements must be proven. These include establishing that the defendant had a duty of care towards the deceased individual, that they breached that duty through negligence or intentional actions, and that this breach directly caused the victim's death. Additionally, it must be shown that surviving family members have suffered damages as a result of their loved one's passing.

What damages can be recovered in a wrongful death lawsuit?

Damages awarded in these types of cases can vary depending on the circumstances surrounding the victim's death. Typically, damages may include compensation for medical expenses incurred before their passing, funeral and burial costs, lost income and financial support provided by the deceased individual, as well as non-economic damages such as pain and suffering experienced by surviving family members.

At Schmolke Law Firm, we understand how difficult it can be to navigate the legal process following the loss of a loved one in an accident. We have experience assisting Louisiana residents with wrongful death lawsuits and can help you seek justice for your loved one. If you believe that your loved one's death was caused by someone else's negligence or intentional actions, don't hesitate to reach out to us for guidance and support during this challenging time. Remember that you have rights as a survivor under Louisiana law and deserve to hold those responsible for your loss accountable through legal action.