Baton Rouge Wrongful Death Lawyer

There’s nothing more challenging in life than losing a loved one, especially when the death is unexpected and could have been avoidable. Wrongful death cases in Baton Rouge happen for a variety of reasons, ranging from offshore accidents to car crashes. If you’ve lost a loved one in the area, a Baton Rouge wrongful death lawyer from the Knightshead Law Firm is here for you during this challenging time to bring justice to your case and ensure financial security.

At the Knightshead Law Firm, our compassionate team of personal injury attorneys understands the emotional toll that comes with wrongful death cases, and therefore has a track record of approaching these circumstances with care and empathy. While no amount of money can ever replace a loved one it’s crucial to hold liable parties accountable for their actions and ensure you and your family do not suffer financially.

Therefore, we are here to help you design and implement a robust legal strategy to recover crucial financial support.

Wrongful Death Claims in Louisiana: What Everyone Should Know

Wrongful death claims emerge when an individual passes away due to intentional, reckless or negligent actions or behavior of another individual or entity. Wrongful death claims in Louisiana allow certain family members of the deceased to pursue damages for their significant losses.

In Louisiana, the specific individuals with a right to file a wrongful death claim include:

• The spouse and children. The spouse and children of the deceased party are the first in line to file a wrongful death claim after their loved one wrongfully passes away.
• Parents. If the deceased has no spouse or children, the parents are given second priority to file the claim.
• Siblings. If no spouse, children, or parents exist, the siblings can bring forward a wrongful death claim.
• Grandparents. If there are no other eligible family members that are in existence, the grandparents of the deceased may file a wrongful death claim.

A knowledgeable Baton Rouge wrongful death lawyer from the Knightshead Law Firm can go over the details of your case to help you determine who in your family may be eligible to file a wrongful death claim.

How Do Wrongful Death Cases Commonly Happen?

Wrongful death claims can arise from a wide variety of situations, ranging from those in private, public, employment-related and recreational settings. The experienced legal team at the Knightshead Law Firm commonly sees wrongful death cases that spur from the following types of accidents:

• Car crashes. Driving under the influence and exhibiting negligent or reckless behavior while driving can endanger everyone on the road and lead to fatal crashes.
• Workplace incidents. When employers do not provide their personnel with adequate training or supervision, or fail to address workplace safety issues, this can lead to hazardous conditions that can result in death.
• Medical malpractice. When medical providers and institutions fail to provide a certain standard of medical care to patients, errors such as surgical mistakes, medication errors and misdiagnosis can occur, leading to deaths that would have otherwise been preventable.
• Defective equipment. If equipment is designed, manufactured, or repaired in a haphazard or negligent manner, this can lead to faulty equipment that causes fatal accidents.
• Premises liability cases. Property owners and managers have a duty of care to individuals that are legally residing on or visiting their property. If they fail to address hazards and it causes a fatal accident, they can be sued in a wrongful death claim.
• Violent crimes. Criminal acts like assault, or other types of violent crime can lead to wrongful death. When intentional acts lead to the death of an individual, wrongful death lawsuits can also be brought forward.

Should You File A Wrongful Death Claim?

If you have lost a loved one because of someone else’s negligence, it is difficult to even contemplate legal matters. You need time to grieve and work through the emotions of the situation. The decision will always be yours to make but there are a few reasons talking to a lawyer about a claim may be a good choice.

For one, this is going to hurt financially, not just emotionally. On top of funeral costs, you are potentially losing a source of income or of household support such as upkeep and caring for the children. Maybe you cannot afford to avoid a wrongful death claim.

Some families also find closure in it. Nothing can change what happened or replace the loved one you lost, but wrongful death claims may help you move forward. At the Knightshead Law Firm, we believe your case is always your choice. If you think a claim is right for you or you have questions about it, feel free to meet with us.

Damages You May Be Entitled to for Your Wrongful Death Case

A wrongful death claim helps ensure that surviving family members of the deceased receive the compensation they need for all they have lost. Wrongful death claim compensation is categorized into both that for economic and noneconomic damages. An empathetic wrongful death attorney from our firm can meet with you and go over the details of your case to help you understand whether you may be entitled to the following forms of compensation:

• Medical costs. You may be entitled to recover all the medical costs for the treatment your deceased loved one received in the time up to their death. This includes costs of emergency medical services and hospital bills.
• Burial and funeral costs. Any expenses incurred by your family related to celebrating the life of your loved one and laying them to rest may be covered in a wrongful death claim.
• Loss benefits and wages. Compensation packages that are comprehensive can cover income the deceased one would have been providing for family members had they survived the accident, in addition to associated benefits like health insurance.
• Pain and suffering. Pain and suffering is a noneconomic damage that refers to the emotional distress that surviving families go through after losing their loved one. A seasoned attorney can help you accurately calculate these complex losses.
• Loss of consortium. If you have lost your marital relationship due to the unexpected death of your loved one, you may be entitled to compensation for these damages. Furthermore, you could receive compensation for the loss of the deceased’s companionship, guidance and love.

If your case involves particularly egregious negligent behavior or misconduct of an intentional nature, you may be able to get punitive damages brought forward. These types of damages are intended to punish the individual for their wrongdoing and discourage such events from occurring again in the future.

Why It Is Crucial to Hire a Baton Rouge Wrongful Death Lawyer

As wrongful death claims are highly complicated, and therefore require a deep understanding of Louisiana laws and regulations, as well as an understanding of the local legal system and stakeholders, having the right wrongful death attorney on your side can make all the difference. To ensure protection of your rights and interests, hiring a compassionate and strategic Baton Rouge painful death lawyer can genuinely help.

An attorney from our firm can help you navigate the following complex process:

• Launching an investigation. Determining liability is crucial to any wrongful death case. We can carry out an in-depth investigation to determine exactly what the causes of death were, and identify which parties could be potentially held liable. Our investigations may include going over police records, medical reports, and any accounts from eyewitnesses.
• Developing your case. A successful wrongful death case has ample evidence. A skilled attorney from our firm can collect robust evidence like accident reports, video footage, and statements from expert witnesses to develop a compelling case on your behalf. They can work to show the wrongdoing or negligence that caused the death of your loved one.
• Determining the extent of damages. Calculating all of your losses requires deeply considering both noneconomic and economic damages. We can leverage detail-oriented tactics to ensure that every loss is accounted for, coming up with a comprehensive list and evaluation of all of the damages you and your family have suffered.
• Negotiating with insurance companies. Insurance companies will go the extra mile to avoid paying just and fair settlements to victims of wrongful death cases. An experienced lawyer from our team understands the common tactics used and can work to play their own strategies against them. We can fiercely negotiate on your behalf to secure a settlement that fully reflects all you have lost.
• Taking your case to court. Sometimes, it may be necessary to pursue litigation. For example, if insurance companies or other stakeholders are not willing to negotiate on fair terms, a seasoned litigator from our firm may recommend going through with a lawsuit. If it comes to it, we can take your case to trial, presenting your side of the story and advocating firmly on your behalf in court.

We Will Guide You In Filing Your Case

Generally, only immediate family of the deceased can file a claim. In Louisiana, you only have a year from your loved one’s passing to bring a wrongful death claim, so it is important to contemplate your options sooner rather than later.

When you have so much on your mind and feel lost on what to do, we are here for you. Our mission is to help people in challenging situations. We value you and care about what you are going through.

Proving Negligence in Wrongful Death Cases

Winning a wrongful death claim requires proving that the actions of the liable party led directly to the death of your loved one. Proving negligence involves establishing there was a duty of care the defendant owed to the deceased. We can gather ample evidence, including citing rules and regulations like traffic laws or patient provider contracts, to clearly establish there was a duty of care.

In addition to proving this duty of care was owed, it must be proven that the defendant did not uphold their duty of care by exhibiting reckless or negligent behavior and that, as a result, the deceased’s death took place. Finally, it must be proven that measurable losses were suffered by family members as a result of the deceased passing away.

Although proving liability can be a highly complex process – involving a deep understanding of the liability in Louisiana law – our compassionate legal team has the experience and know how to prove negligence for your wrongful death case.

Get Answers From A Compassionate Attorney

We offer free consultations so you can contact us online or call 225-388-5265 to discuss your situation and the next best steps to take. We are in Baton Rouge and have worked with families throughout Louisiana.