Wrongful Death

In Louisiana, a wrongful death action can be brought against a negligent party in causing the death of a family member.  These suits are brought by the family members closest to the deceased, such as the surviving spouse and children.  If there is no spouse or child, a wrongful death action can be brought on behalf of siblings.  Other family members can bring these actions when there are no brothers or sisters.

In a wrongful death claim, the surviving spouse is entitled to recover damages for loss of support and services.  Damages would include the value of financial support from the deceased spouse. The surviving spouse may also recover compensation for services the deceased would have done around the home. Other recoverable damages include loss of love and affection, grief, mental anguish and distress because of the loss.

Children of the deceased may recover damages for the loss of their parent, including an additional claim for the nurture and guidance the deceased parent would have given. Children are also entitled to loss of the financial support they would have received until they reached the age of majority.

Louisiana law also provides for a survivor claim when a loved one is seriously injured and then dies. The surviving family members can recover damages for the pain and suffering the loved one experienced before death.  Additionally, any medical bills that were incurred prior to death, including funeral expenses, are recoverable.

When a loved one witnesses the event that causes the death of a loved one, additional damages are recoverable for the mental anguish and emotional distress. It is important to know that a claim for wrongful death must be filed in a Louisiana Court within one year.

The loss of a loved one causes overwhelming feelings of sorrow and grief for the surviving family members. These feelings make thoughts of pursuing legal action very difficult.  An experienced wrongful death attorney will appreciate the sensitivity of the situation and assist the family in pursuing their claims with dignity and understanding. Although no amount of money can replace a lost loved one, a wrongful death claim is usually necessary to protect the future of the surviving spouse and children.

Frank Lamothe has extensive experience in representing family members in wrongful death actions.  If a loved one has been killed because of the negligence another, you may be eligible to file a wrongful death action that protects your family’s financial future.  Please contact us today to speak with Mr. Lamothe. He will evaluate your case free of charge to determine the best way to protect your family’s legal interest and future.