Northwest Louisiana Wrongful Death Lawyers
Wrongful Death Law Firm Gordon and Gordon in Shreveport, Bossier City and Mansfield Louisiana
Helping those who have been injured due to the fault of another in a wrongful death.
Facing the unexpected death of a loved one following a fatal accident is one of the most difficult experiences that a person can go through, especially when they learn that their loved one’s death was caused by someone else’s negligence. This tragedy is not something you should suffer for financially in addition to the emotional suffering you are already facing. If you have lost someone you love because of someone else’s recklessness or negligence, filing a wrongful death lawsuit can allow you to seek compensation for the losses you and your family have experienced.
The Shreveport personal injury lawyers at Gordon & Gordon Law Firm are familiar with wrongful death cases and what it takes to achieve maximum compensation for the friends and family members of the deceased. We know how delicate of a thing human life is, and we know how catastrophic the consequences can be after it is taken away. To get in touch with the Louisiana wrongful death attorneys at Gordon & Gordon, call (318) 716-HELP or submit a request for your free consultation here.
What is a Wrongful Death Claim?
A wrongful death claim is a type of lawsuit that surviving family members can file after a fatal accident caused by someone else’s negligence takes like life of their loved one. A wrongful death suit allows the family to seek financial compensation for the economic and non-economic damages (and in some cases, punitive damages) experienced as a result of their loved one’s unexpected death.
There are a number of ways in which someone’s negligence might lead to a wrongful death lawsuit. Some of the more common cases our Shreveport wrongful death attorneys see include:
- Car Accidents – Distracted drivers, drunk or impaired drivers, aggressive drivers, road construction and pedestrian fatalities are among the leading causes of death in America, and the most common causes of wrongful death lawsuits.
- 18-Wheeler Accidents – Semi truck and other commercial truck accidents are typically much more serious than private vehicles because of their larger weight and size. Due to the basic laws of physics, big rig accidents often result in serious, or even fatal, injuries.
- Bicycle Accidents or Motorcycle Accidents – Bicycles and motorcycles are so much smaller in both size and weight; as a result, an impact with larger vehicles can result in the motorcycle being pinned against another vehicle, thrown off of the road, or worse, into oncoming traffic.
- Medical Malpractice – When medical professionals fail to provide the required level of care resulting in fatal accidents, the family of the victim may seek a wrongful death lawsuit based on facts that indicate a possible prescription error, misdiagnosis, emergency room error, surgical injury, misdiagnosis or delayed diagnosis, or even a medical equipment malfunction caused the death.
- Products Liability – The designers, manufacturers, distributors, and sellers of products must minimize the risk of harm from their products to the public. A death that results from a faulty design, defective manufacturing process, or failure to warn of possible injuries or death can be the basis for a wrongful death lawsuit.
- Work-Related Accidents – Any death that occurs in the workplace as a result of company negligence can be the basis of a wrongful death lawsuit, and these commonly include illness due to unsafe work environments, fires or explosions, faulty equipment, or improper training and machine related incidents.
Compensation for the Death of a Family Member
As we mentioned above, when families lose a loved one, they may be able to recover damages for the emotional and financial losses that they experienced by bringing a wrongful death case against the negligent party. Wrongful death damages in Louisiana include economic damages, non-economic damages, and in some cases of extreme negligence or intentional harm, punitive damages.
Economic damages refers to expenses that can be easily calculated, such as medical bills that the decedent may have accumulated before their passing. In addition to medical expenses, a Shreveport/Bossier personal injury lawyer will work to obtain compensation for things like loss of income or financial support, property damage, the value of lost domestic services, and funeral expenses.
Non-economic damages are much harder to calculate but often make up for a large percentage of recoverable compensation. This includes pain and suffering, mental anguish, loss of companionship, loss of consortium, loss of guidance, and more.
Punitive damages are reserved for cases of gross negligence, recklessness, or intentional harm. These damages are simply meant to punish the defendant.
Who Can Sue for Wrongful Death in Louisiana?
Only certain family members are able to bring wrongful death claims. Louisiana Article 2315.2 stipulates that the surviving spouse and/or surviving child (or children) may make a wrongful death claim on behalf of the family. However, if the decedent left no spouse or child surviving, the surviving father and/or mother may bring the claim instead. If there is no parent surviving, the surviving brothers and/or sisters of the deceased may bring forth the claim. If there is no sibling surviving, the surviving grandparents may bring the claim.
What’s the Difference Between a Wrongful Death Lawsuit and Survival Action?
The main difference between a wrongful death lawsuit and a survival action is who can bring the claim. For a wrongful death suit, any of the above family members may bring the claim. However, in a survival action, a personal representative of the deceased’s estate may do so instead. In either case, the responsible party will be held accountable for any damages that resulted from the fatal accident they caused.
Louisiana Wrongful Death Statute of Limitations
Each state’s statute of limitations sets a timeframe for how long its residents may bring wrongful death claims. Under Louisiana’s statute of limitations, a case must be brought within ONE YEAR after a person dies. Failure to bring a case within a year of the victim’s death may void a family’s ability to recover compensation through a wrongful death lawsuit.
How a Wrongful Death Lawyer Can Help
When a person’s life is prematurely taken by another party’s negligence, the victim’s surviving loved one’s have a right to seek financial compensation for the enormous loss they have suffered. While it is not required to have an attorney when bringing wrongful death claims, it is highly recommended. Wrongful death cases are notoriously difficult to win. These types of claims can be extremely difficult to navigate, and negligence must be proven. Without the advanced legal background and experience of a qualified wrongful death lawyer, it can be hard to prove the necessary elements of negligence and recover maximum compensation from the liable party.
Even when negligence and liability are obvious, calculating damages is a complicated process. Your personal injury attorney may use testimonies from financial and medical experts to support your claim. Your lawyer will also help you avoid costly mistakes that would reduce your final recovery or prevent you from recovering any compensation at all. What’s more, your Shreveport wrongful death attorney will make sure you have all of the necessary documents to make a wrongful death claim: the death certificate, the Office of the Medical Investigator report, and any incident reports related to the death. They can help you gather this documentation, as well as proof of income, and any other supporting documents to prove damages, liability, and negligence.
The Northwest LA wrongful death attorneys at Gordon & Gordon have been helping families obtain compensation for the losses they’ve experienced following the untimely death of their loved one for years now. They know what it takes to prove fault and how to negotiate for the best possible outcome, whether that be a wrongful death settlement or a court award. If you’re seeking justice for your loved one’s death, we encourage you to speak with our compassionate attorneys as soon as possible.
Free Consultation With an Experienced NWLA Wrongful Death Attorney
At Gordon & Gordon, our LA wrongful death lawyers know that money is no substitute for a lost loved one, but we know that a measure of justice can help to provide at least some peace and closure. That’s why we are dedicated to helping families handle the many legal issues surrounding a wrongful death claim so that they can focus on properly grieving and recovering from their significant loss.
If you believe you may have a case, or if you simply have questions about wrongful death cases, please give our North Louisiana injury law firm a call today for a free consultation. If you decide to establish an attorney-client relationship with us, we will get straight to work investigating and strengthening your case. In addition to wrongful death, we also handle all other types of personal injury claims in Shreveport, Bossier City, and Mansfield, Louisiana. You can reach us at (318) 716-4357 or through our website. Just let us know how we can help you!