Wrongful Death Attorneys Lake Charles, Marksville and New Orleans, LA
The death of a loved one is always a devastating experience, especially when the death occurred due to a preventable accident. When anyone an individual, company, or government agency is responsible for the death of your family member, you have legal rights in the state of Louisiana.
Pursuing a wrongful death case allows you to obtain compensation for both economic and non-financial losses caused by the untimely death.
Wrongful death cases can be complicated. It is hard to cope with legal issues when dealing with grief. Broussard Knoll Law Firm understands what you are going through and is here to help.
With more than 30 years of legal experience representing clients in wrongful death cases, we have the knowledge, compassion, and legal skills to represent you through this tragic time.
Contact us today to speak with an experienced wrongful death lawyer about how we can assist in getting total and fair compensation for your tremendous loss.
What Are Your Rights in a Wrongful Death Lawsuit?
There is no amount of money that can ever undo the grief and loss caused by the death of someone you love. Still, an untimely death can wreak havoc on you financially, as well as emotionally.
Aside from medical and funeral expenses, you may suffer a loss of household income. Recovering compensation for the death of a family member is your legal right if someone was to blame for the death. However, to prove entitlement to wrongful death damages, you must show that your loved one’s death was caused by the negligence of a person, company, or agency.
The specifics of what you have to prove vary depending on how the death occurred, and it can be complicated to determine how to make your case.
We have a team of legal professionals and investigators who are prepared to help make the strongest claim possible so you can get the damages you deserve.
When you make a successful wrongful death claim, you should be compensated for:
- All medical expenditures incurred to treat the deceased’s injuries
- Funeral expenses
- Loss of the income the deceased would have earned during the rest of his life
- Loss of companionship
Estimating wrongful death damages is difficult, but these types of cases often result in large settlements and verdicts because the loss is so extensive. Let Broussard Knoll Law Firm negotiate a settlement on your behalf or help prove your damages to a jury so you can get full and fair compensation under the law.
What Factors Are Considered When Determining Compensation for a Wrongful Death Claim?
The loss of a loved one is, without a doubt, one of the most difficult things you can go through. Accepting the loss is difficult enough when it was due to old age, illness, or a true accident; however, when the loss of a loved one was caused, in whole or in part, by the negligent conduct of another party, accepting the loss can be much harder.
While no amount of money can truly make up for the loss of a loved one, the survivors of a wrongful death may be entitled to compensation that will, at least, help ease the financial burden caused by the unexpected loss.
Who is Entitled to Compensation?
If you are a survivor in a wrongful death claim, you may be wondering what factors are considered when determining compensation.
Only specific people are entitled to compensation. Survivors may include the following individuals (in order of priority):
- Spouse and children
- Parents
- Siblings
- Grandparents
What Type of Damages are Covered?
The legal survivor may be entitled to both economic and non-economic damages.
Economic Damages
Economic damages may include:
- Funeral and burial expenses
- Lost wages and benefits
- Medical bills incurred by the decedent prior to death
- Value of household services
Non-Economic Damages
Non-economic damages include the pain and suffering of the decedent from the time of the injury until death, the loss of care, companionship, guidance, and emotional support suffered by the survivors.
Some damages are easily calculated while others are subjective in a nature and are, therefore, more difficult to value.
Hospital bills and funeral expenses, for example, are things for which you will have a bill or receipt whereas the value of the loss of care, companionship, guidance, and emotional support is not something for which you will have tangible proof of the value.
As such, the non-economic portion of a wrongful death award or settlement is more difficult to value.
Punitive Damages
The law also allows a wrongful death victim’s estate to pursue punitive damages that may go above and beyond compensation. Punitive damages, or exemplary damages, are awarded for the purpose of punishment to prevent intentional or reckless behavior or actions motivated by malice.
Punitive damages are neither economic nor non-economic damages, as they are not awarded to compensate for any loss.
Factors that influence the compensation for a wrongful death
Some factors that will typically be considered when evaluating the value of your claim may include:
Your relationship with the decedent
The loss of a child or spouse is generally considered to have a larger impact than that of a distant relative. In any case, the quality of the relationship will play an important role regardless of the relationship with the decedent.
The length of your relationship
If you are a spouse and were only married for a month, typically your claim isn’t going to be as strong as if you had been married for 20 years.
The extent to which the decedent provided for you when alive
If you are a sibling, for example, you likely received little or no financial support from the decedent.
The decedent’s education and earning ability
How much the decedent earned while alive impacts what they would have contributed to your support had they lived.
The decedent’s health and life expectancy prior to death
A young, healthy decedent could have contributed more to a survivor had they lived compared to an older or ill decedent.
What is the wrongful death statute of limitations in Louisiana?
Although the law does allow survivors of a wrongful death to pursue compensation from the at-fault party, the law limits the time within which you have to do so. For this reason, it is in your best interest to contact the experienced Louisiana wrongful death attorneys at Broussard Knoll Law Firm as soon as possible.
According to Louisiana State Law Article 2315.2 any actions must be made within one year from the death of the deceased. This means that lawsuits must be filed within a year, although it could take years to complete litigation and receive compensation.
Again, once the statute of limitations has passed you will not be able to sue an individual or company for compensation. Contact our experienced wrongful death lawyers as soon as you can so that we can get started on your case.
Get legal help today
It is hard to think about legal issues after someone you love has been killed, but you need to protect your financial future. Because of the numerous variables and factors that go into determining the value of a wrongful death claim, it is always best to consult with an experienced attorney.
Broussard Knoll Law Firm understands the deeply emotional situation you are in and the frustrations you feel. We will endeavor to protect your family from further pain. Our best efforts will focus on proving the defendant’s responsibility in the cause of death, and with compassion and strength, we will convey the significant depth of your loss.
Contact us to schedule your appointment today to discuss your potential claim. Our law firm has recovered more than $100 million in damages for injured clients and for those who have lost loved ones.
Charges
Dropped
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Won
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Dismissed
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Broussard Knoll Law Firm client
ARON BROUSSARD
Partner, Trial Lawyer | Experienced Wrongful Death Lawyer
Aaron Broussard is a top-rated trial attorney practicing in the Lake Charles, Louisiana area. Providing legal representation in Louisiana for a variety of different issues, Aaron helps the loved ones of wrongful death cases fight for the monetary compensation they are entitled to.
A big part of being a good lawyer for people is maintaining focus on representing your client’s interests. Aaron believes that loyalty to the client comes before everything, including your own pocketbook and especially your own ego. Their interests come first, and that’s why he sees every case through to the end, exhausting every path available.
Settlement
$5,016,331.05
Punitive Damages – Intoxication – Wrongful Death
FREQUENTLY ASKED QUESTIONS
Broussard Knoll Law Firm understands the deeply emotional situation you are in and the frustrations you feel. We will endeavor to protect your family from further pain. Our best efforts will focus on proving the defendant’s responsibility in the cause of death, and with compassion and strength, we will convey the significant depth of your loss.
Our law firm has recovered more than $100 million in damages for injured clients and for those who have lost loved ones. We have extensive experience in bringing wrongful death cases to court.
In Louisiana, a wrongful death claim can be brought by the deceased person’s surviving spouse, children, or other close relatives. In some cases, the claim might also be brought by a representative of the deceased person’s estate.