Livingston Parish Wrongful Death Lawyer
The loss of a loved one can be a catastrophic event for those affected. Beyond the personal and emotional pain you may experience, there is often a great deal of financial hardship that can result from the death of a loved one.
No one should have to burden the cost of the wrongful death of a loved one. If you believe that your loved one died from the result of someone else’s negligence, you may have grounds to file a claim.
A Livingston Parish wrongful death lawyer can fully examine the details surrounding the death of your loved one to help determine your options. If you decide to pursue a claim, a compassionate personal injury attorney can build a thorough claim that considers all of the costs associated with your loss, including those that may continue far into the future.
What are Wrongful Death and Survival Action Claims?
The state of Louisiana allows for wrongful death and survival action claims to be filed whenever a death is the result of the actions of another person or entity (Louisiana Civil Code Article 2315.2). Someone may be considered at fault for the death of another if their recklessness or negligence played a role in bringing it about.
There are many possible examples of what can be considered grounds for a wrongful death suit. However, if someone’s death was caused by the negligence of another, such as through a car crash or a premises liability claim, there may be grounds to file a wrongful death claim. A Livingston Parish wrongful death attorney can help determine whether there are grounds to file wrongful death and survival action claims.
How to File a Wrongful Death Claim in Livingston Parish
The state recognizes several classes of survivors who can claim wrongful death damages. The group with a primary right to file a claim is a surviving spouse or children. Following this is a surviving parent or parents. If there are no children, spouses, or parents the surviving siblings of the deceased may bring a claim. Finally, if none of those parties survive the decedent, the state recognizes a surviving grandparent or grandparents (LA Civil Code Art. 2315.2).
The person or party filing a claim must show that someone else’s negligence or recklessness was responsible for the death of their loved one to be able to claim damages. These damages can cover tangible costs such as funeral fees and the loss of an income but can also compensate for intangible losses such as loss of companionship.
It is important for anyone filing a claim to note that Louisiana provides a shorter statute of limitations in filing a wrongful death claim than some other states. A plaintiff is given only one year following the death to file a damages claim (Louisiana Civil Code Article 3492). A failure to file within this time could result in a bar on recovery for the family of the decedent. Fortunately, a dedicated lawyer can help one with filing a claim within the statute of limitations.
A Livingston Parish Wrongful Death Attorney Is Here to Help
Following the death of a loved one, an untold amount of personal and financial hardship can result. The funeral expenses and other necessary expenditures following the death of a loved can often be staggeringly high. Additionally, the loss of income resulting from a wrongful death may cause severe difficulty for those who relied on it. Beyond the financial hardship, there can often be severe emotional and psychological trauma that results from a wrongful death.
The pain and suffering from watching the wrongful death of a loved one can carry a severe personal and financial strain on the survivors. If someone you love died due to the negligence of another, a Livingston Parish wrongful death lawyer can help you get the justice you deserve. To get started, call today.