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Auto Accident

Can you file a wrongful death claim after a car accident in Louisiana?

By October 17, 2022May 23rd, 2024No Comments

Car accidents are often life changing events. Even minor accidents often result in an expensive legal battle and a drawn out insurance claims process. While that is certainly life changing, the worst accidents can cause fatal injuries and the loss of a loved one.

If you’ve lost a loved one to a car accident, you may be wondering what you can do to get justice for their passing. You may be considering a wrongful death claim.

Here at Jones Law Partners in Alexandria, Louisiana, our car accident attorneys are dedicated to helping you in your time of need. Keep reading to find out about filing a wrongful death claim in Louisiana.

Understanding Wrongful Death Claims in Louisiana

Much like a more traditional personal injury case, the goal of a wrongful death claim is to receive compensation for the death of an individual due to the fault of another. 

In Louisiana, a wrongful death claim can be filed following death due to:

  • A negligence-based incident
  • Medical malpractice
  • An intentional act

When a loved one dies from a car or truck accident due to the fault of another, it is classified as a negligence-based incident. Our Alexandria based lawyers at the Jones Law Partners can assist you in filing a wrongful death claim following a car accident in Louisiana.

Things to Note About Filing a Wrongful Death Claim in Louisiana

When you’re considering a wrongful death claim, there are a number of things that you need to be aware of before proceeding:

  • Wrongful death claims are considered civil personal injury lawsuits, which are different from criminal cases.
  • Only close family members of the victim can file a wrongful death case. This includes spouses, children, or other next of kin.
  • In Louisiana, it’s important to file a wrongful death case promptly. The statute of limitations (or time limit) for wrongful death is one year from the date of the accident.

Because of the short statute of limitations, as well as the specific details regarding wrongful death claims, it’s important that you contact the legal professionals at the Jones Law Partners quickly.

We can make sure that your case is filed promptly and that all of the details are worked out, preventing any possible issues.

Damages You Can Claim in a Louisiana Wrongful Death Case

When you’re working towards filing a wrongful death case, it’s important that you claim the proper damages. 

There are economic and non-economic damages to be claimed, including the following:

  • Medical expenses, including emergency care and bills related to their final injury/illness
  • Funeral and burial expenses
  • Lost wages or income
  • Lost benefits
  • Loss of consortium
  • Value of the household services the victim provided
  • Pain and suffering experienced by the loved one in their final moments
  • Expenses related to damaged property
  • Loss of care, support, companionship, and guidance that the family suffered due to the wrongful death of a loved one

Let the Jones Law Partners Help You With Your Wrongful Death Case

Wrongful death cases are painful, to put it lightly. The loss of a loved one is always going to cause grieving, but when it was due to the negligence of another it can be so much worse. 

If you’re suffering from the loss of a loved one due to a wrongful death, we here at the Jones Law Partners in Alexandria, Louisiana want to help. We are dedicated to handling the legal side of things so that you can focus on healing. Get in touch with us today so that we can get started on your case.

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