If you lost a loved one in a tragic accident, you may be able to seek justice on your loved one’s behalf through a wrongful death claim. Contact a Shreveport wrongful death lawyer at Wright Gray Law Firm to discuss your case.
Shreveport Wrongful Death Guide
What is a Wrongful Death Claim?
It’s heartbreaking to lose a loved one in an accident. But when their death could have been prevented, the pain can be immeasurable for the family they leave behind. If you lost a loved one in a tragic accident, we are truly sorry for your loss. You should know that you may be able to seek justice on your loved one’s behalf and compensation for their medical bills and final expenses through a wrongful death claim. Contact a Shreveport wrongful death attorney from Wright Gray Law Firm. We want to hear about your loved one and explain how we can help you during this difficult time.
Why Choose Wright Gray Law Firm for Your Shreveport Wrongful Death Claim?
Seasoned and trusted personal injury attorneys Eric A. Wright and Daryl A. Gray founded Wright Gray Law Firm to provide injured accident victims and their families with personalized legal representation. With over 60 years of combined experience, they fight for justice with military-like precision and preparation. They’re not afraid to take on insurance companies, and won’t back down until they recover the maximum compensation for their clients — even if it means taking the at-fault party to court. You can trust the wrongful death attorneys at Wright Gray Law Firm to treat you with dignity and respect as we guide you through the legal process. Contact us today for a free and confidential consultation.
What is a Wrongful Death?
Wrongful death refers to a legal claim that can be filed when a person’s death is caused by the negligent, reckless, intentional, or wrongful actions of another party. In essence, it is a civil lawsuit brought on behalf of the deceased person’s survivors or estate against the party responsible for the death. The primary purpose of a wrongful death lawsuit is to seek compensation for the emotional and financial losses that result from the death of the individual.
Key elements and characteristics of wrongful death claims typically include:
- Death of a Person: There must be an actual loss of life for a wrongful death claim to be applicable. This can result from various circumstances, such as car accidents, medical malpractice, workplace accidents, product defects, or criminal activities.
- Negligence or Wrongful Act: The death must have been caused by the negligence, recklessness, or intentional misconduct of another party. This could involve actions like drunk driving, medical errors, or a defective product.
- Survivors or Beneficiaries: Wrongful death claims are typically filed on behalf of the surviving family members or beneficiaries who have suffered losses as a result of the death. These parties may include spouses, children, parents, or other dependents.
- Damages: Wrongful death claims seek compensation for various damages, which can include medical expenses, funeral and burial costs, lost income, loss of companionship, pain and suffering, and other economic and non-economic losses.
- Legal Action: The claim is typically pursued through a civil lawsuit in a court of law. The burden of proof is usually on the plaintiff (the party bringing the lawsuit) to demonstrate that the defendant’s actions led to the death and that damages resulted from it.
Wrongful death cases can be emotionally challenging and legally complex, so it is advisable to consult with an experienced attorney who specializes in wrongful death claims. A lawyer from Wright Gray Law Firm can help you navigate the legal process and seek compensation for the losses suffered as a result of the wrongful death of a loved one.
Common Causes of Wrongful Death
Wrongful death claims often arise from fatal accidents and incidents such as:
- Car accidents
- Motorcycle accidents
- Truck accidents
- Nursing home abuse
- Dog bite attacks
- Slip and fall accidents
- Premises liability
Louisiana Wrongful Death Laws
Louisiana has specific rules and procedures regarding wrongful death claims, which is why it is important to retain the services of a lawyer with experience handling wrongful death cases. Here are some laws and statutes that affect wrongful death claims in Shreveport.
Damages are Available in a Stockton Wrongful Death Case
In Louisiana, like in many other jurisdictions in the United States, wrongful death claims allow for various types of damages to compensate surviving family members for the losses they have suffered as a result of the wrongful death of a loved one. The types of wrongful death damages available in Louisiana typically include:
- Funeral and burial expenses
- Loss of benefits
- Loss of future earnings
- Loss of companionship
- Loss of services
- Mental anguish and grief
- Loss of consortium
Damages Available in Shreveport Survival Actions
A survival action is separate from a wrongful death action. These actions involve recovering pre-death damages that the deceased could have recovered for their accident injuries had they survived. A survival action allows surviving family members to bring wrongful death claims on behalf of their deceased family members.
Survival actions involve damages that the deceased incurred immediately after their injury until their death, such as their medical bills, pain and suffering, lost earnings, and property damage. These claims do not include post-death damages, such as funeral expenses, loss of companionship, or loss of future earnings.
Who Can Bring a Wrongful Death Claim in Louisiana
Louisiana law allows certain family members to file a wrongful death lawsuit:
- Surviving spouse and child or children
- Surviving child or children, if there is no surviving spouse
- Surviving parents, when a minor child passes away, or if an adult child has no surviving spouse or children
- Surviving siblings, if there is no surviving spouse, children, or parents
- Surviving grandparents, if there is no surviving spouse, children, parents, or siblings.
What is the Deadline for Filing Wrongful Death Claims in Louisiana
In Louisiana, the statute of limitations for filing a wrongful death lawsuit is generally one year from the date of your loved one’s death. This means a lawsuit must be filed in civil court by this deadline or you will be unable to obtain compensation through the court system. There are some circumstances that can lengthen or shorten this deadline, so it is important that if you wish to pursue a lawsuit you consult with a wrongful death lawyer as soon as possible.
If you have been the victim of an accident or crime, our team can provide you with dedicated representation. Either call us at 1-800-JURY TODAY to start your case or email us online and we’ll be in touch.
The Legal Process of a Wrongful Death Lawsuit
Wrongful death lawsuits are complicated and have many factors that play a part in determining what kind of payout an individual can receive. To help understand wrongful death claims, consider the four key elements involved when proving someone else’s negligence:
- Negligence: The party that was negligent and the hard cost of their negligence needs to be shown. Their negligence led to the death.
- Breach of Duty: In order to win a wrongful death suit, the defendant must have been negligent and neglectful of the duties they had towards the deceased, causing their death.
- Causation: A recent case of negligence led to the death of someone. When the breach of professional duty caused such irreparable harm, it was determined that there was no link between them.
- Damages: It is important to determine the amount of damages you may be entitled to in a case where someone has died. Do not assume anything because this process will be difficult during a difficult time. It is best to wait until later on before finishing this process.
For these personal injury lawsuits, the burden is lower than in criminal cases and these are civil cases. The legal team at Wright Gray Law Firm can help you hold the responsible party accountable for the harm they caused your loved one.
How Can the Wrongful Death Lawyers at Wright Gray Law Firm Help Me?
A Shreveport wrongful death lawyer from Wright Gray Law Firm can provide valuable assistance and support to you and your family if you are considering or have already decided to pursue a wrongful death claim in Shreveport, Louisiana. Here’s how we can help you:
Legal Expertise and Guidance
Wrongful death cases can be legally complex, involving statutes, regulations, and legal procedures specific to Louisiana. Our lawyers have experience in handling wrongful death cases in Shreveport and can provide you with expert guidance on how to navigate the legal process.
Your attorney can conduct a thorough investigation into the circumstances surrounding the wrongful death. This may involve gathering evidence, interviewing witnesses, and consulting with experts to determine liability.
Proving causation is a crucial element of a wrongful death claim. Your lawyer will work to establish a clear link between the defendant’s actions or negligence and the death of your loved one, often with the help of medical experts and other specialists.
Wrongful death damages can be complex to calculate, including both economic and non-economic losses. An attorney from our firm can help assess the full extent of your damages, including medical expenses, funeral costs, lost income, pain and suffering, and loss of companionship.
Negotiation with Insurance Companies
Many wrongful death claims involve negotiations with insurance companies representing the at-fault parties. Our lawyers can handle these negotiations on your behalf to seek a fair settlement.
If a fair settlement cannot be reached through negotiations, your attorney can file a wrongful death lawsuit and represent you in court. They will ensure that all legal procedures and deadlines are met.
Advocacy in Court
Your lawyer will serve as your advocate in court, presenting evidence, making legal arguments, and representing your interests during the trial process.
Addressing Complex Legal Issues
Wrongful death cases may involve complex legal issues, such as multiple liable parties, government entities, or product liability claims. An experienced attorney can navigate these complexities effectively.
Dealing with a wrongful death is emotionally challenging. A compassionate lawyer from our firm can provide emotional support and guidance to help you and your family through this difficult time.
Ensuring Fair Compensation
Ultimately, the goal is to seek fair compensation for your losses. Your attorney will work diligently to ensure that you receive the compensation you deserve to help you and your family move forward.
Adherence to Statutes of Limitations
Your lawyer will be acutely aware of the statute of limitations for wrongful death cases in Louisiana and ensure that your claim is filed within the required timeframe.
Connect with a Shreveport Wrongful Death Attorney at Wright Gray Law Firm Today
Hiring a skilled Shreveport wrongful death lawyer is crucial to protect your legal rights, ensure that you have a strong case, and maximize your chances of obtaining fair compensation for your losses. Contact the personal injury lawyers at Wright Gray Law Firm and we will guide you through the legal process and provide the necessary legal representation and support you need during this challenging time.
Choosing the Right Wrongful Death Lawyer
Not all wrongful death lawyers are the same. Every case is different, so you’ll have to carefully consider any attorney’s skillset, including experience in your case. Investing in an experienced attorney is a big step towards winning your case. You need a law firm that understands the legal aspects of wrongful death cases. At Wright Gray Law Firm, our personal injury lawyers have been in business for over 30 years helping accident victims and their families seek justice through the court system. Contact us today for a free consultation.
Wright Gray Trial Lawyers – Shreveport Office
520 N Market St Suite A
Shreveport, LA 71107
P: (318) 524-7122