Baton Rouge, LA Wrongful Death Attorney
At Rice, Murtha & Psoras, we recognize how difficult it can be to deal with the untimely loss of a loved one, particularly if their death was caused by the negligent, reckless, or intentional conduct of someone else. In these cases, you may have an opportunity to pursue justice through a wrongful death lawsuit.
Wrongful death lawsuits are available to certain close family members of the decedent but must be filed within one year of the date of death in question. Wrongful death lawsuits are a commonly used legal tool to seek monetary compensation after a death that resulted from a car accident, medical malpractice, product malfunction, or disease caused by toxic exposure.
Whatever your situation, you deserve answers about what options the law provides for you and your family’s recovery. That is why you can obtain a free initial case assessment when you call the Baton Rouge wrongful death attorneys at Rice, Murtha & Psoras today at (225) 269-8930.
Parties that Can File a Wrongful Death Lawsuit in Baton Rouge
After suffering the loss of a loved one, many people rightly wonder whether it is their place to file a lawsuit against the party responsible for causing the death. Louisiana law breaks down the ability to file a wrongful death lawsuit based on the person’s relationship with the decedent.
The decedent’s spouse and children have the highest priority when it comes to the ability to file a wrongful death lawsuit. If no spouse or children survive past the wrongful death in question, the decedent’s parents can file the lawsuit. Next in priority are siblings of the decedent, then grandparents.
This sequence can get complicated when non-traditional relationships are involved. For instance, a parent that abandoned the decedent years earlier may be passed over in the sequence, but a legally adoptive parent will count just the same as if they were a biological parent. Our Baton Rouge wrongful death lawyers can explain what the law considers “abandonment” for the purposes of determining who can file a wrongful death lawsuit.
Differences Between Survival Actions and Wrongful Death Lawsuits in Baton Rouge
A survival action is an alternative option to a wrongful death lawsuit of which grieving loved ones should be aware. Each state has unique rules that determine how a survival action may be used, but generally, survival actions exist to compensate the decedent’s own estate for specific harms, whereas wrongful death lawsuits benefit the family members directly.
Survival actions return compensation for the deceased family member’s harms, both financial and personal. For example, the cost of medical care prior to the death and the pain and suffering they experienced during this time can be claimed as damages. If the survival action is successful, the court will order the defendant to pay the damages to the decedent’s family members according to their relationship.
Survival actions are typically brought by either an immediate family member or, if none survive, the official representative of the deceased’s estate. the estate representative may be named in the decedent’s will or otherwise named by the court. the representative may be a beneficiary of a wrongful death or survival action, though they need not be in order to serve in their role. A survival action may be brought concurrently with a wrongful death lawsuit, as they serve two distinct purposes.
Survival actions in Louisiana must be filed within one year of the date of death. This is a shorter time frame than wrongful death lawsuits in many places, so you should get legal counsel immediately if you hope to pursue a survival action. Your Baton Rouge wrongful death attorney can help you pursue both of these actions at the same time so that you get the justice you deserve for the death of a loved one.
Examples of Wrongful Deaths in Baton Rouge
We recognize that dangers exist in the real world wherever you may go. Below are some of the types of wrongful death cases that our Baton Rouge wrongful death attorneys encounter most frequently.
Despite the many developments in safety features on automobiles, national data suggests that car accidents are still the leading cause of death for people under the age of 54. If a negligent driver is to blame for causing the accident that caused the death, they incur liability in a wrongful death lawsuit. Our Baton Rouge wrongful death attorneys can help you identify who was responsible for causing the fatal accident.
Mistakes in medical care can have disastrous consequences for a patient that entrusts their well-being to a professional. In many cases, medical malpractice may be difficult to prove, so our Baton Rouge wrongful death attorneys can locate a qualified medical expert witness that can testify to the wrongful cause of death in a medical malpractice case.
When workers are exposed to hazardous substances, they could develop serious and even life-threatening conditions. Liability may exist in these cases if the property owner failed to notify the decedent of the toxic elements on site, or if the safety equipment meant to protect the decedent was defective.
Manufacturers are responsible for making sure that their products are functioning correctly, marketed properly, and contain disclaimers that plainly warn users of potential risks. Product liability may come into play in a wrongful death lawsuit in the case of pharmaceutical issues, heavy machinery defects, and malfunctions involving vehicle safety features (such as seat belts or air bags).
Statute of Limitations for Baton Rouge Wrongful Death Lawsuits
In Louisiana, all wrongful death claims must be filed within one year of the date of death according to Louisiana Civil Code Article 2315.2(B). of death. State courts are strict about enforcing the statute of limitations, so if you miss the deadline, you may be permanently barred from recovery.
Some exceptions do exist that may result in the clock starting later, but we urge you to avoid relying on these exceptions and call a Baton Rouge wrongful death lawyer immediately if you believe you may have a viable claim.
Rice, Murtha & Psoras Can Help You Get Justice for a Wrongful Death in Baton Rouge
To get your free initial case assessment on your potential legal claim, call the Baton Rouge wrongful death lawyers at Rice, Murtha & Psoras today at (225) 269-8930.