How Louisiana Defines a Wrongful Death Claim
A death may support a wrongful death claim when it was caused by fault recognized under Louisiana law. Louisiana Civil Code Article 2315.2 allows qualifying family members to bring a claim for the losses they suffer after that death.
The fault may involve:
- Carelessness: A person or company failed to act safely, such as a reckless driver, a negligent property owner, or a business that ignored a known danger.
- Intentional conduct: A fatal injury was caused by deliberate wrongdoing rather than a mistake.
- Liability connected to a defect or hazard: A dangerous product, unsafe condition, or similar risk caused the death and may create legal responsibility.
For Jonesboro families, the case must show more than loss. It must connect the death to a legally recognized fault and prove the damages that followed. Rice & Kendig Injury Lawyers are experienced with these types of investigations and will aggressively pursue the claim on your family’s behalf.
Fatal Accidents Our Jonesboro Team Can Investigate
Families rarely get immediate answers after a fatal accident. Between incomplete police reports and early pressure from insurance companies or corporations seeking to protect their interests, the facts can be obscured. Rice & Kendig Injury Lawyers investigates these deaths in Jonesboro and North Louisiana to uncover the truth.
Car Accidents
Fatal car crashes often stem from preventable choices like speeding, texting, or impairment. On Jonesboro's rural roads, lane departures and head-on collisions are frequently lethal. Our team investigates crash reports, vehicle damage, and phone records to counter attempts to shift blame, relying on facts to support your case.
Truck Accidents
Fatal truck accidents involve intense legal pressure, with trucking companies quickly deploying investigators and lawyers. Crucial evidence often includes driver logs, black box data, maintenance files, and GPS records. A Jonesboro wrongful death attorney can investigate beyond the driver to determine if carriers, maintenance providers, or cargo loaders share liability.
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Motorcycle Accidents
Drivers frequently use the "never saw them" excuse, but this doesn't justify fatal motorcycle collisions caused by failing to yield, unsafe lane changes, or distraction. Because riders often face unfair bias, Rice & Kendig Injury Lawyers uses their advanced knowledge to meticulously analyze impact points, gear, and witness testimony to prove how the crash actually occurred.
Pedestrian Accidents
Pedestrians are defenseless in a collision. Fatalities frequently occur at intersections, parking lots, and business entrances due to speeding, distraction, or poor lighting. Our firm examines surveillance, road design, and witness reports to determine fault.
Premises Liability Incidents
A property hazard can cause a fatal injury when owners fail to fix dangerous conditions. Broken stairs, missing railings, poor lighting, falling merchandise, fire hazards, hidden holes, unsafe walkways, and security failures may all lead to a claim. The key question is often what the property owner knew, when they knew it, and why the danger remained.
Slip and Fall Incidents
Fatal falls can result from head or spine injuries, hip fractures, or worsening complications. Hazards like wet floors, uneven pavement, or cluttered walkways can turn routine errands into fatal events. Because property owners control critical evidence, such as video and inspection logs, swift action is essential.
Dog Bites and Animal Attacks
Though rare, fatal animal attacks are devastating, especially for children and the elderly. These incidents often stem from unrestrained animals, broken fencing, or owners who ignored previous warning signs. Rice & Kendig Injury Lawyers thoroughly examines the animal's history, the owner's negligence, and the conditions at the scene to establish liability.
First Steps After a Deadly Accident in Jonesboro
The days after a fatal event are painful and chaotic. Still, a few steps can protect the claim before evidence disappears or the insurance company starts shaping the story.
1. Put the Paper Trail in One Place
Place the death certificate, police report, crash report, medical records, funeral bills, insurance letters, photographs, and videos in one location. These items help show what happened and what losses followed.
2. Do Not Let the Insurance Company Rush You
An adjuster may call early and ask for a statement, signature, or quick settlement. Do not agree to a recorded statement, broad release, or fast payout before a lawyer reviews the facts.
3. Save Anything Connected to the Incident
Save photos, videos, dash-cam clips, surveillance leads, damaged property, witness names, text messages, call logs, and notes about what you were told. Do not delete, repair, replace, or throw away anything tied to the incident.
4. Keep a List of Costs and Lost Support
Create a running list of all costs associated with the death. Add new expenses as they come in.
- Medical bills tied to final care
- Funeral and burial costs
- Lost income
- Lost employment benefits
- Household services the family must now replace
- Travel and other out-of-pocket costs
5. Bring in Legal Help Before Proof Disappears
A Jonesboro wrongful death lawyer can send preservation letters, secure records, contact witnesses, review insurance coverage, and shield your family from direct pressure by the other side.
What Types of Damages Can a Wrongful Death Case Recover in Jonesboro
A wrongful death case may include both financial harm and personal loss. The amount depends on the facts, the available insurance, the strength of the proof, and the role your loved one had in the family.
Economic Damages
Economic damages deal with the money the family lost because of the death. These damages may be proven through bills, tax returns, payroll records, employment files, expert reports, and other documentation.
- Medical bills tied to the final injury or illness
- Funeral and burial costs
- Lost income the deceased likely would have earned
- Lost employment benefits, such as health insurance or retirement contributions
- Loss of household services, such as childcare, transportation, cooking, repairs, or home upkeep
This part of the case may also include future earnings and the value of work your loved one performed at home without a paycheck.
Non-Economic Damages
Non-economic damages address the personal harm left behind after the death. These losses are not shown through receipts, but they may be the deepest part of the case.
- Loss of companionship
- Loss of care and support
- Loss of parental guidance
- Mental anguish
- Loss of love, affection, and emotional closeness
A spouse may lose a daily partner. A child may lose a parent’s care and direction. Parents may carry the pain of losing a son or daughter for the rest of their lives.
Louisiana Laws That Can Change the Value of the Wrongful Death Case
Which Relatives Have the Right to Act?
Louisiana does not allow just any relative to file a wrongful death case. The right starts with the surviving spouse and children. If none exist, the right passes to parents, then siblings, then grandparents. The correct filing party matters because the case can face challenges if the wrong person brings it.
How Fast Does the Lawsuit Need to Be Filed?
A wrongful death claim must be filed within one year from the date of death or two years from the date of the injury or damage, whichever period is longer. Families should not treat the deadline as extra time to wait. Video, vehicles, witness memory, and company records can become harder to secure with every passing week.
What Happens If the Defense Blames Your Loved One?
Louisiana Civil Code Article 2323 can reduce or block recovery based on fault. If the deceased is found to be 51% or more at fault, the family cannot recover damages. If the percentage is lower, the final recovery is reduced by that share of fault.
Why the Case May Include More Than One Claim
A wrongful death claim belongs to the surviving family members. A survival action is different. Under Louisiana Civil Code Article 2315.1, a survival action may cover damages arising from the deceased person's experience after the injury but before death, such as pain, medical expenses, and lost wages during that period.
No Family Should Be Left with Silence
Families facing the aftermath of a fatal accident often deal with financial burdens and pressure from insurance companies. Rice & Kendig Injury Lawyers investigate these deaths to hold responsible parties accountable.
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(318) 222-2772
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