Wrongful Death

Shreveport Wrongful Death Lawyer

Understanding Wrongful Death Claims in Louisiana

When a person dies because of the negligent or wrongful act of another person or entity, their family may be eligible to file a wrongful death claim. These claims provide essential relief to families, enabling them to recover damages for both tangible and intangible losses, such as financial support and emotional distress, that arise due to their loved one's untimely demise.

At Law Offices of Damon D. Kervin, we represent families during some of the toughest times of their lives. We understand just how devastating it is to lose someone you love because of someone else’s careless or reckless actions, and we want to help you seek the justice you deserve. Our compassionate support goes beyond legal advice, ensuring you are empowered and informed every step of the way.

For a no-obligation consultation with our Shreveport wrongful death attorney, call (318) 269-7443 or contact us online today.

What Is Wrongful Death in Louisiana?

In Louisiana, wrongful death is defined as the death of a human being due to the actions or inaction of another. This legal concept allows families to hold accountable those whose negligence or misconduct led to the death of their loved one, providing a necessary course of action to seek redress and peace of mind during difficult times.

Wrongful death actions are brought by the decedent's family members to recover damages for their economic and emotional losses, as well as the decedent's pain and suffering. Essentially, a wrongful death action allows the decedent's family to recover damages for the same types of losses the decedent would have suffered if they had survived the incident that caused their death. Understanding this distinction is crucial for families navigating their legal rights with a fatal accident lawyer in Shreveport.

Leading Causes of Wrongful Death in Shreveport

The following types of incidents are often fatal and may result in a wrongful death claim:

Establishing a Wrongful Death Claim in Shreveport, LA

To prove your wrongful death claim, you will need to establish that the defendant owed a duty of care to your loved one. You will also need to prove that the defendant breached that duty of care and that the breach was the proximate cause of your loved one's death. To have a successful claim, you will need to establish that you and/or your family suffered damages as a result of your loved one’s death. This complex process requires careful documentation and legal acumen, best guided by a wrongful death lawyer in Shreveport.

Some examples of duties of care include:

Sellers of products have a duty to ensure that the products they sell are safe for use by consumers. This is known as product liability.
Medical care providers, such as doctors and hospitals, have a duty to provide patients with safe and competent medical care that meets set standards of care.
Motor vehicle operators, including commercial drivers, have a duty to drive safely and avoid careless driving or other behaviors that could put others in danger.
Law enforcement officers have a duty to act within the scope of the law and to protect and serve the public.
Owners of public roads, including cities and other municipal entities, have a duty to maintain those roads and ensure their reasonably safe condition.

If you can prove that the defendant owed a duty of care to your loved one, that the defendant breached that duty of care, that the breach was the cause of your loved one's death, and that you suffered damages due to your loved one’s death, you may be able to recover compensation for your losses. Our legal team assists with navigating these intricate legal challenges efficiently at Law Offices of Damon D. Kervin.

Discover how our compassionate Shreveport wrongful death attorney can assist you. Call (318) 269-7443 or contact us online today for a free case evaluation.

Local Laws & Time Limits for Wrongful Death Claims in Shreveport

Understanding local Louisiana laws and regulations is crucial when pursuing a wrongful death claim. The state imposes a statute of limitations, which is typically one year from the date of the deceased's passing, for filing such claims. Adhering to this deadline is vital to ensure the preservation of your rights to seek compensation, making it essential to consult a fatal accident attorney in Shreveport.

Moreover, certain procedural requirements must be met, including the establishment of the decedent's legal heirs who have the right to bring forth a claim. The complexity of these requirements makes it advisable to consult with a Shreveport wrongful death attorney who can navigate the legal landscape effectively, ensuring compliance with all pertinent laws.

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What Damages Can Be Recovered in a Wrongful Death Claim?

Louisiana law allows the surviving family members of a deceased person to recover damages for their own losses, as well as the pain and suffering of the deceased person. These damages, recoverable through a wrongful death lawyer Shreveport families trust, are crucial for providing long-term financial stability and emotional closure.

The following damages are commonly recovered in wrongful death cases:

Medical expenses, including any prior emergency services and continued health care costs related to the incident.
Funeral and burial expenses, covering the costs required for dignified end-of-life arrangements.
Lost wages/income, encompassing the potential earnings the deceased could have contributed to the family.
Loss of household services, which refers to the contribution the deceased made to the home environment.
Loss of companionship, highlighting the pivotal emotional bonds and support now absent.
Loss of consortium, emphasizing the loss of intimate relations and partnership between spouses.
Loss of inheritance, considering the future financial benefits that would have been accumulated.
Loss of emotional support, reflecting the psychological impact deriving from the loved one’s presence.
Loss of guidance and training, vital for dependents who relied on the decedent’s mentorship.

Louisiana law allows surviving family members to recover all economic losses they incurred because of the death of their loved one. This includes the decedent's lost wages and the loss of household services the decedent would have provided to the family. Additionally, surviving family members can recover for the decedent's pain and suffering and the loss of consortium, which is the loss of the decedent's love, affection, and companionship. Moreover, understanding the breadth of recoverable damages is crucial when consulting with a Shreveport wrongful death lawyer, as this aids families in planning for life beyond their immediate grief and rebuilding for the future.

FAQs About Wrongful Death Claims in Shreveport

How Long Does It Typically Take to Resolve a Wrongful Death Claim in Shreveport?

Resolving a wrongful death claim in Louisiana, particularly in Shreveport, can vary in duration, largely depending on the complexity of the circumstances and the willingness of parties to reach a settlement. While some claims may be resolved within months, others may take years to conclude, particularly if they proceed to trial. Engaging an experienced wrongful death attorney Shreveport residents trust helps expedite the process and can guide you through the legal system efficiently.

Who Is Eligible to File a Wrongful Death Claim in Louisiana?

In Louisiana, the right to file a wrongful death claim is typically reserved for specific family members, including the surviving spouse, children, or parents of the deceased. If there are no surviving close relatives, siblings or grandparents may have the right to file. It's important to establish legal standing promptly to ensure the claim is recognized by the court with the help of a wrongful death attorney Shreveport locals can depend on.

What Role Does Negligence Play in Wrongful Death Claims?

Negligence is a critical component of wrongful death claims, as it establishes the responsibility of the defendant for the harm caused. Plaintiffs must demonstrate that the defendant's breach of duty directly led to the decedent's death. Collecting evidence, such as eyewitness accounts and expert testimony, supports establishing negligence in legal proceedings, a process ideally guided by a knowledgeable fatal accident lawyer in Shreveport.

If you and your family have suffered from the loss of a loved one in a fatal accident, don't hesitate to reach out to our Shreveport wrongful death lawyer today.

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"Went to the Law Offices of Damon D. Kervin after one of the worst days of my life. They listened, gathered details, provided guidance, and kept me updated. I never felt ignored and they fixed my situation. I would definitely use this office again."

Lorenzo
Me and my daughter are so grateful.

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"Mr. Damon Kervin for the most professional representation ever. I admire you and your staff's composure, work ethic, and most of all your excellent representation."

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