To have a wrongful death claim or lawsuit, you must establish specific elements. Louisiana requires you to demonstrate that your loved one’s death did not occur because of either a natural event or his or her own careless, reckless or intentional behavior. The elements of wrongful death are as follows:

• A person died.
• The defendant contributed to the death via either willful acts or careless or reckless behavior.
• The defendant had a duty of care to conduct him or herself in such a way as to not cause harm to others.
• The defendant breached said duty of care.
• The breach of duty resulted in the accident or incident that caused the wrongful death.
• Your family suffered monetary injury because of the untimely death.

Though these elements seem straightforward enough, establishing them may prove difficult. An experienced Louisiana wrongful death attorney can help you gather the evidence necessary to build a winning case and secure justice for you, your family and your deceased loved one.

Louisiana law is strict about who may file a wrongful death lawsuit. Per Louisiana Civil Code 2315.2, only the following persons may bring about a wrongful death action:

• The surviving spouse OR child or children of the deceased, or the surviving spouse AND child or children of the deceased
• If no surviving spouse or children exist, the surviving mother and/or father of the deceased
• If no surviving spouse, children or parents exist, the surviving sisters and/or brothers of the deceased
• If no surviving spouse, children, parents or siblings exist, then the maternal and/or paternal grandparents of the deceased

Louisiana law makes note of two important details. The first is that survivors via adoption or marriage have the same rights as biological family members. The second is that, if a mother or father abandoned the deceased during his or her minority years, he or she loses all rights as a survivor.

Each state maintains what the law refers to as a “statute of limitations” on various types of legal actions. The statute of limitations dictates by when a person must file an action before he or she loses his or her right to recovery. Per Louisiana law, the statute of limitations on a wrongful death lawsuit is one year from the date of death. If you and your family fail to file your claim within the one-year period, you will almost certainly lose your right to do so at all.

In a personal injury lawsuit, the deciding parties award compensation for the victim’s personal losses. In a wrongful death lawsuit, the courts intend for any awards or settlements to compensate surviving family members for the losses they endured because of the victim’s death. The damages in a wrongful death suit can be economic or non-economic and may include the following:

• Funeral and burial costs
• Loss of earnings and benefits
• Medical expenses
• The value of household services the deceased person would have provided
• Loss of companionship
• Loss of parental guidance
• Loss of emotional support
• Grief and anguish

Your Louisiana wrongful death attorney can help you identify your losses and value you them for your claim’s sake.

Though the law does not dictate that you hire a wrongful death attorney, it may be in your best interests to do so. Pursuing a wrongful death claim can be emotionally challenging, especially given that you only have one year from the date of death to file. The legal process may also prove complex, as it is riddled with strict requirements and deadlines. A wrongful death lawyer can provide both sound guidance and emotional support along your path to justice. With the right team on your side, you can confidently hold the at-fault party accountable and, in the process, move forward with your life in the most positive manner possible.

Consulting with a wrongful death attorney will cost you nothing, but it could result in an invaluable partnership. At the very least, schedule a free consultation with a Louisiana wrongful death lawyer to explore your options for recovery. Contact Kenny Habetz Injury Law today.