Wrongful Death

Losing a loved one is always devastating, but the pain can be even more profound when their death was caused by someone else’s negligence or wrongful actions. In such cases, families deserve justice, accountability, and financial compensation to help them cope with the aftermath. At Brandt & Sherman, our experienced wrongful death lawyers in Baton Rouge are here to guide you through the legal process, ensuring that your family’s rights are protected under Louisiana law.

What Is a Wrongful Death Claim in Louisiana?

Under Louisiana law, a wrongful death occurs when someone’s negligence, reckless behavior, or intentional act causes another person’s death. Wrongful death claims are civil lawsuits designed to provide financial compensation to the deceased’s family members for the losses they have suffered as a result of the death.

Who Can File a Wrongful Death Claim in Louisiana?

Louisiana law specifies who has the legal right to file a wrongful death claim. This right is extended in the following order of priority:

1. The surviving spouse and children of the deceased

2. If no spouse or children, the surviving parents of the deceased

3. If no parents, the surviving siblings of the deceased

4. If no siblings, the surviving grandparents of the deceased

If no family members in these categories exist, the deceased person’s estate may pursue a claim. The statute ensures that only immediate family members or those closely related by law can seek justice and compensation for their loss.

Common Causes of Wrongful Death

Wrongful death claims can arise from various circumstances, including:

• Car Accidents: Negligent drivers who cause fatal crashes through reckless driving, speeding, or impaired driving may be held accountable.

• Medical Malpractice: Healthcare professionals who fail to provide the standard of care, resulting in a patient’s death, may be liable.

• Workplace Accidents: Employers may be responsible for fatal accidents caused by unsafe working conditions or violations of safety regulations.

• Defective Products: Manufacturers and distributors of dangerous or defective products can be held accountable for fatal injuries.

• Premises Liability: Property owners who fail to address hazardous conditions may face liability for fatal accidents on their premises.

Our wrongful death attorneys are experienced in handling cases from a wide range of scenarios, tailoring our approach to meet your family’s unique needs.

Damages Available in Louisiana Wrongful Death Claims

While no amount of money can replace your loved one, a wrongful death claim can provide financial relief and a sense of justice. Damages in Louisiana wrongful death cases may include:

Economic Damages

• Funeral and burial expenses

• Loss of the deceased’s income and benefits

• Medical expenses incurred prior to the death

Non-Economic Damages

• Loss of companionship and emotional support

• Pain and suffering endured by the deceased prior to their passing

• Mental anguish experienced by surviving family members

In certain cases, punitive damages may also be awarded to punish the at-fault party for particularly egregious conduct, such as drunk driving.

How Long Do You Have to File a Wrongful Death Claim in Louisiana?

In Louisiana, the statute of limitations for wrongful death claims is one year from the date of the deceased person’s death. This is a strict deadline, and failing to file your claim within this timeframe will likely result in losing your right to pursue compensation. Given the complexity of these cases, it’s crucial to consult an experienced Baton Rouge wrongful death attorney as soon as possible to ensure all legal requirements are met.

Why Choose Brandt & Sherman?

At Brandt & Sherman, we understand the emotional and financial toll a wrongful death can take on a family. Our Baton Rouge wrongful death lawyers are dedicated to providing compassionate and effective legal representation. Here’s what sets us apart:

• Extensive Experience: We have successfully handled numerous wrongful death cases throughout Louisiana, recovering significant settlements and verdicts for our clients.

• Personalized Attention: We take the time to understand your family’s unique needs and goals, crafting a legal strategy tailored to your case.

• No Fees Unless We Win: We operate on a contingency fee basis, meaning you owe us nothing unless we secure compensation for you.

• Deep Knowledge of Louisiana Law: Our attorneys have a comprehensive understanding of Louisiana’s wrongful death statutes and are well-versed in navigating the complexities of the state’s legal system.

Contact a Baton Rouge Wrongful Death Lawyer Today

If you have lost a loved one due to someone else’s negligence or misconduct, Brandt & Sherman is here to help. Our skilled wrongful death attorneys in Baton Rouge will fight tirelessly to secure the justice and compensation your family deserves.

Call us today at 337-800-4000 or fill out our contact form to schedule a free consultation. Let us handle the legal burden while you focus on healing and honoring your loved one’s memory.