Ascension Parish Wrongful Death Lawyer

Ascension Parish Wrongful Death Attorney

Losing a loved one can be a painful experience with long-lasting effects on a person’s life. When their death is the result of someone else’s negligence, it is important that the responsible party or parties be held accountable for their actions. A knowledgeable and compassionate Ascension Parish wrongful death lawyer at the Knightshead Law Firm can build a strong case and fight fiercely for the compensation and closure you deserve.

Understanding Wrongful Death

Wrongful death is the term used to describe a death that occurs because of someone else’s careless, reckless, or intentional acts. The responsible party might be an individual, a company, a government agency, or a combination that includes multiple parties. A wrongful death claim allows surviving family members to ease the financial strain of their loved one’s death and pursue justice.

Causes of Wrongful Death in Ascension Parish

Wrongful death can be caused by accidents or by intentional acts. They generally have to meet at least one of the following conditions:

• Negligence – a result of someone not acting with a level of care that most people would deem appropriate for the situation. An example is when an employee at a grocery store mops and neglects to put up a Wet Floor sign.
• Strict liability – a result of someone else’s actions, even though it was not intentional or negligent. For example, if a dog bites a visitor at someone’s house, the homeowner may still be liable, even if they did everything they could to prevent it.
• Intentional acts – a result of someone else’s criminal actions or other intentional acts of harm, such as assault and battery.

Accidents are generally the most common cause of wrongful death in Ascension Parish, which can include:

• Traffic accidents involving cars, trucks, motorcycles, bicycles, or pedestrians. Speeding, distraction, or operating a vehicle under the influence of an impairing substance (OUI) are often contributing factors. Curvy roads that border the bayous and canals, like Stringer Bridge Road, Weber City Road, LA 935, and LA 429, are especially dangerous, and I-10 through Ascension Parish is considered one of the deadliest roads in the US.
• Workplace accidents in Ascension Parish can be especially deadly because of dangerous working conditions. For example, industrial plants like those in Gonzales and Geismar handle volatile chemicals and may experience explosions, equipment failure, or exposure to toxic substances. Construction can mean falls or collapses of cranes or other equipment.
• Maritime accidents are a problem for Ascension Parish more than many places because of its proximity to the Gulf as well as the Mississippi River. Oil rig workers, dock workers, and others are at higher risk of drowning or crushing.
• Medical malpractice can occur in any location due to misdiagnosis or delayed diagnosis, surgical errors, mistakes with medication or anesthesia, infections from the hospital, or improper treatment or follow-up.
• Defective products like medical devices, appliances, kids’ toys, and vehicles can lead to deaths as well. While these may be accidents, the manufacturer, distributor, and retailer may have some liability if there are weaknesses or flaws in the product’s design, manufacturing, or marketing.
• Other accidents like slip and fall accidents, dog attacks, boating accidents, or pool accidents may have grounds for a wrongful death claim as well.
• Criminal acts such as murder, manslaughter, or vehicular homicide may also be causes of legal action by the surviving family members, even if the defendant is not convicted of criminal charges.

Types of Damages

Damages in a wrongful death case refer to the compensation the surviving family member requests as reparation for their loved one’s death. Economic damages are money that a person loses as a result of the person’s death. This includes funeral and burial costs, medical expenses, lost income and benefits, and the value of the services in the home that the person would have provided, such as child care.

Non-economic damages are also called pain and suffering. This includes less tangible losses like emotional distress, trauma, loss of enjoyment of life, and the loss of companionship and emotional support. Punitive damages are awarded in some cases as a means of punishing the liable party for intentional or grossly negligent actions, such as domestic violence or drunk driving.

FAQs

How Do You Win a Wrongful Death Case?

To win a wrongful death case, you have to prove that the defendant caused the death by establishing that they breached their duty of care, which led to the death, and that the surviving family members suffered damages as a result. Beyond that, the specifics will vary from case to case. A skilled personal injury attorney can determine the most effective legal strategy for your particular case.

Who Can File a Claim for Wrongful Death in Louisiana?

Surviving family members can file a claim for wrongful death in Louisiana. This may be one or more people related by blood, marriage, or adoption and includes the spouse and children, parents, siblings, or grandparents. However, there are some restrictions, such as that grandparents may not be able to file a claim if there are closer surviving family members and a parent that abandoned the deceased during childhood cannot file a claim.

How Much Does a Wrongful Death Lawyer Charge in Louisiana?

How much a wrongful death lawyer charges in Louisiana can vary depending on the complexity of the case, the lawyer’s experience and location, and whether the case goes to trial. Most wrongful death lawyers charge on a contingency basis, which means that the family doesn’t pay upfront, and the lawyer takes a percentage of the total settlement.

What Is the Most You Can Get for Wrongful Death?

In general, there is no maximum amount for damages a surviving family member can claim in a wrongful death case in Louisiana. However, in medical malpractice cases, there is a cap of $500,000 per case. An experienced wrongful death lawyer can help calculate the total damages available in your specific case.

You Don’t Have to Face This Alone

Dealing with legal issues after the death of a loved one can be overwhelming, but the Knightshead Law Firm can ease the burden and help you get the financial support you need. Contact our office today to learn about your legal options.