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When to File a Wrongful Death Lawsuit in Louisiana

New Orleans, LA Wrongful Death Lawyer

Distressed WomanIf you have lost a loved one because of someone else’s wrongdoing or negligence, no lawsuit could ever bring your loved one back, and no amount of money can ever compensate you for your loss. However, you can hold the responsible parties accountable and seek justice for your loved one in a wrongful death claim.

Wrongful death claims can arise from any situation in which a party’s negligence or misconduct caused the death of an innocent person. Wrongful death can result from auto accidents, commercial trucking accidents, medical malpractice, industrial accidents, dangerous products, and many other types of injuries.

What Is a Wrongful Death Claim?

A wrongful death claim is a civil lawsuit to recover damages from the party responsible for your loved one’s death – not to be confused with a criminal trial. If the responsible party committed a crime in the process of injuring your loved one, as in a drunk driving accident, any criminal charges that party might face are in addition to and separate from your wrongful death claim.

Who Can File a Wrongful Death Claim in Louisiana?

When a person’s life is lost through the wrongdoing, negligence, or intentional actions of another, surviving family members may be entitled to file a wrongful death claim. As stated in Art. 2315.2 of the Louisiana statutes, when a person dies through the fault of another, a lawsuit to recover damages may be brought by:

  • Surviving spouse and/or children;
  • Surviving father and mother, or either, if there are no surviving spouse or children;
  • Surviving siblings, or any of them, if there are no surviving spouse, children, or parents;
  • Surviving grandparents, or any of them, if the deceased left no surviving spouse, children, parents, or siblings.

Damages in a Wrongful Death Claim

In awarding damages in a wrongful death lawsuit, the court considers a number of factors, including the parties’ life expectancy, the closeness of the relationship between the parties and the deceased, the amount of income provided by the deceased that was available to the surviving family members, and the value of the household services that were provided by the deceased. A Louisiana wrongful death attorney can assist you with calculating and proving your losses

Qualifying survivors are entitled to claim compensation for their losses in wrongful death claims. Damages you may be entitled to claim include:

  • Medical expenses
  • Funeral expenses
  • Loss of financial support
  • Loss of household services
  • Loss of love and affection

Legal Help for Wrongful Death Survivors in Louisiana

If you are a qualifying survivor of a wrongful death victim in Louisiana, your best course of action is to consult with an experienced wrongful death attorney. At Herman, Herman & Katz, LLC, we have been handling personal injury matters, including wrongful death, for more than 70 years.

Contact our firm for a free case review by using our online form or calling 1-844-285-0160. You can have confidence that our New Orleans injury lawyers have the knowledge, skill, and dedication to provide outstanding legal representation in your wrongful death claim.



Herman Herman & Katz, LLC
820 O'Keefe Ave
New Orleans, LA 70113
Phone: (504) 581-4892

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