Shreveport Wrongful Death Lawyer
Losing a loved one is one of life’s most painful experiences, made even more devastating when their death stems from someone else’s negligence. At Rice & Kendig, our Shreveport wrongful death lawyers understand the profound impact such losses have on families. Not only are they left to navigate the emotional turmoil of grief, but they also face significant financial burdens, including funeral expenses, lost income, and medical bills. The silver lining in these tragic situations is that surviving family members may have legal recourse through a wrongful death lawsuit. Our compassionate attorneys are here to support grieving families throughout the legal process, ensuring they can focus on healing and finding closure without the added stress of financial or legal concerns. If you’ve lost a loved one due to negligence, call a Shreveport wrongful death lawyer at 318-222-2772 to schedule a free consultation and begin your journey toward justice today.
What is Wrongful Death?
Wrongful death is a legal term that refers to the tragic and untimely loss of a person’s life due to the negligent, reckless, or intentional actions of another party. In essence, it occurs when someone’s death could have been prevented if not for the wrongful actions or negligence of another individual, company, or entity. Wrongful death cases can arise from a variety of situations, including car accidents, medical malpractice, product liability, workplace accidents, criminal acts, and more.
These cases not only involve the loss of a loved one but also the profound impact on surviving family members who are left to cope with the emotional, financial, and practical consequences of their loved one’s death. Through wrongful death lawsuits, surviving family members may seek compensation for damages such as medical expenses, funeral costs, lost income, and loss of companionship.
Common Causes of Wrongful Death in Louisiana
Common circumstances leading to wrongful deaths in Louisiana can include motor vehicle collisions, premises liability violations, medical malpractice incidents, oilfield accidents, and violent crimes. Each of these tragic incidents come with their own unique challenges and legal considerations, which is why it’s so important to consult with Shreveport wrongful death attorneys at Rice & Kendig.
Motor Vehicle Collisions
Motor vehicle collisions, whether involving cars, trucks, or motorcycles, pose significant risks of fatal injuries due to the high speeds and forces involved. In these accidents, the impact can result in severe trauma, catastrophic injuries, or death for those involved.
Surviving family members may have legal recourse to pursue a wrongful death claim if the collision was caused by negligence, such as distracted driving, speeding, or driving under the influence. These legal actions can provide families with a means to seek justice and obtain compensation for their losses, including medical expenses, funeral costs, and the emotional toll of losing a loved one. Be sure to contact our Shreveport auto accident lawyers, Shreveport trucking accident lawyers, and Shreveport motorcycle accident lawyers for more information.
Premises Liability Violations
Premises liability violations encompass a range of hazards that can lead to tragic outcomes, including wrongful death. Negligent building security may result in violent crimes or assaults, while slip and fall accidents due to inadequate maintenance can lead to fatal injuries. Even incidents like pool drownings, where proper safety measures are neglected, can result in devastating losses. Surviving family members may pursue legal action against property owners or managers whose negligence contributed to these accidents, seeking accountability and compensation for their loved one’s wrongful death. Our Shreveport personal injury attorneys can carefully examine the details of your case and help you determine if you have grounds to file suit.
Medical Malpractice Incidents
Medical malpractice incidents represent a distressing reality where the very institutions meant to heal can inadvertently cause harm, sometimes leading to wrongful death. Within the realm of healthcare, negligent actions or inactions can have devastating consequences. Examples of medical malpractice include surgical errors where procedures are performed incorrectly, medication errors resulting in improper dosages or adverse reactions, and diagnostic errors leading to delayed or incorrect treatment. In each of these scenarios, the consequences can be dire, potentially resulting in the loss of a patient’s life. Surviving parents or other family members of the decedent who suspect medical malpractice may have grounds to pursue a wrongful death claim, seeking accountability and justice for their loved one’s untimely passing.
Oilfield Accidents
Working in inherently hazardous environments like the oilfield places individuals at a significantly higher risk of experiencing a fatal accident. The nature of oilfield work involves handling volatile substances and operating heavy machinery, heightening the potential for accidents. Tragically, oilfield accidents, such as fires or explosions, can occur due to negligence in safety protocols, equipment maintenance, or supervision.
Surviving family members of those who lose their lives in such accidents may have grounds to pursue legal action against negligent employers, contractors, or equipment manufacturers. Through a wrongful death lawsuit, they can seek compensation for damages such as loss of financial support, funeral expenses, and the emotional anguish caused by their loved one’s untimely demise. Holding the responsible party accountable for safety lapses not only provides closure for grieving families but also incentivizes improved safety measures in hazardous work environments. Be sure to consult with a Shreveport oilfield injury attorney to learn more about whether you can seek damages through a wrongful death suit.
Violent Crimes
Intentional acts, such as violent crimes, can tragically result in wrongful death, leaving families devastated by the loss of a loved one. Whether it’s an intentional act of assault, homicide, or domestic abuse, the impact of such crimes extends far beyond the immediate victim, affecting entire communities.
In addition to potential criminal charges brought by law enforcement, perpetrators may also be held accountable in civil court through wrongful death lawsuits. These civil proceedings allow surviving family members to seek justice and compensation for their loved one’s untimely death. While criminal prosecutions focus on punishment, civil proceedings aim to provide restitution to the victims’ families for their losses, including financial support, funeral expenses, and the emotional toll of their grief. Holding the at fault party accountable in both criminal and civil proceedings serves to uphold justice and deter future acts of violence.
Who Can File a Wrongful Death Lawsuit in Louisiana?
Under Louisiana law (CC 2315.2), only specific individuals are eligible to initiate a wrongful death lawsuit. Family members eligible to file suit include:
- The surviving spouse and children of the deceased, or either the spouse or children.
- In the absence of a surviving spouse or children, the surviving parent or parents.
- If parents are not alive, the surviving siblings of the deceased.
- In the event of no surviving siblings, the surviving grandparents of the deceased.
Louisiana law also extends the right to file a wrongful death claim to adopted family members, ensuring equal treatment irrespective of blood or marital relation. Notably, if a parent abandoned the deceased during childhood, that parent is deemed to have predeceased the deceased, thereby disqualifying them from filing a wrongful death claim.
How to Prove Negligence in a Wrongful Death Claim
Proving negligence in a wrongful death action entails establishing four fundamental elements, each crucial in building a compelling case:
- Duty of Care: The plaintiff must demonstrate that the at fault party owed a duty of care to the deceased. This duty typically involves acting with reasonable caution to prevent harm.
- Breached Duty of Care: It must be shown that the defendant breached this duty by failing to exercise the expected standard of care. This breach could result from negligent actions or inactions, such as ignoring safety regulations or failing to provide adequate supervision.
- Causation: Establishing a direct link between the defendant’s breach of duty and the death of the victim is essential. The plaintiff must demonstrate that the defendant’s actions or negligence directly caused the fatal injuries.
- Damages: Finally, the plaintiff must quantify the damages resulting from the wrongful death. This includes both economic losses, such as medical expenses and lost income, and non-economic losses, such as pain and suffering endured by the victim and their surviving family members.
By meticulously addressing these elements, our Shreveport wrongful death attorneys can help plaintiffs present a compelling case to hold the responsible parties accountable for their actions or negligence leading to the wrongful death.
Wrongful Death Damages
In wrongful death cases, damages serve as a means of providing compensation to surviving family members for the losses they have endured as a result of their loved one’s death. These damages typically fall into two main categories: economic and non-economic.
Economic Damages
Economic damages, also known as compensatory damages, are basically losses that have monetary value. Common types of economic damages in a wrongful death claim may include:
- Medical Expenses: This includes any medical bills incurred as a result of the deceased’s final injury or illness leading to death. It encompasses expenses related to hospitalization, surgery, medication, and other medical treatments.
- Funeral and Burial Costs: Surviving family members may seek compensation for the costs associated with arranging a funeral, burial, or cremation. These expenses can quickly accumulate and place a significant financial burden on the family.
- Loss of Financial Support: If the deceased was the primary breadwinner of the household, surviving family members may suffer financial hardship due to the loss of income. Economic damages may include compensation for the lost wages, benefits, and financial contributions the deceased would have provided.
Non-Economic Damages
Meanwhile, non-economic damages are losses that do not have monetary value. These types of damages may include:
- Pain and Suffering: Surviving family members may be entitled to compensation for the physical pain, mental anguish, and emotional suffering endured by the deceased as a result of the wrongful death incident.
- Loss of Companionship and Consortium: The loss of a loved one can have a profound impact on the surviving family members’ emotional well-being and quality of life. Non-economic damages may include compensation for the loss of the deceased’s love, guidance, companionship, and support.
- Mental Anguish and Emotional Distress: Grieving the loss of a loved one can lead to significant emotional distress and mental anguish. Surviving family members may seek compensation for the psychological impact of their loss, including depression, anxiety, and PTSD.
In wrongful death cases, both economic and non-economic damages aim to provide financial support and acknowledgment of the emotional toll experienced by surviving family members. These damages strive to ensure that families receive fair compensation for their losses and are able to move forward with their lives while honoring the memory of their loved one.
Punitive Damages
Punitive damages may also be awarded in wrongful death claims especially if the defendant’s behavior was particularly egregious. These types of damages serve a distinct purpose beyond compensating for tangible losses. Unlike economic and non-economic damages, which aim to compensate for actual losses suffered, punitive damages are intended to punish the defendant and deter similar misconduct in the future. These damages may be awarded in cases where the defendant’s actions demonstrated a wanton disregard for the safety and well-being of others. In wrongful death cases, punitive damages may be sought when the defendant’s conduct is deemed especially reckless, malicious, or grossly negligent, thereby warranting additional punishment beyond mere compensation.
What is the Statute of Limitations for Wrongful Death Claims in Louisiana?
In Louisiana, the statute of limitations for filing a wrongful death case is one year from the date of the deceased’s death. This means that surviving family members have a limited window of time in which to initiate legal action against the responsible parties. It’s crucial for individuals considering a wrongful death lawsuit to act promptly and consult with an attorney to ensure their rights are protected. Failing to file within the statutory time frame may result in the loss of the right to recover damages for their losses. That’s why it’s so important to call a Shreveport wrongful death attorney at Rice & Kendig to ensure that you file a claim before the statute of limitations expires.
Call Shreveport Wrongful Death Lawyers at Rice & Kendig Today
If you have lost a loved one due to someone else’s negligence, don’t hesitate to seek the support and guidance of our experienced Shreveport wrongful death lawyers at Rice & Kendig. Our compassionate and dedicated legal team understands the profound emotional and financial challenges that occur after wrongful deaths. By entrusting your case to us, you can rest assured that we will diligently pursue the justice and compensation that your family deserves. We are committed to providing personalized attention and aggressive advocacy to plaintiffs in all personal injury cases so that they can solely focus on healing and recovery.
Don’t wait to take action – call Rice & Kendig today at 318-222-2772 to schedule a free consultation and begin the journey toward healing and closure.
