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Shreveport Wrongful Death Lawyer

Have You Lost a Loved One? Get the Compassionate Representation You Deserve.

The sudden passing of a loved one due to an accident is a traumatic event to a family. Factually, most so-called accidents whether work-related, a drunk driving accident or the result of medical malpractice could have been avoided with more thought and care. Have you lost a loved one due to a needless accident or reckless behavior of another? If so, our hearts go out to you.

We understand this is a difficult and stressful time. We also know that in moving through the grieving process needing to know what happened and answers as to how this could happen and the desire to prevent it from happening to others can be very strong. We offer our guidance and assistance. Morris & Dewett Injury Lawyers has successfully helped numerous surviving family members throughout the area to get answers to these and other questions. Consult a Shreveport wrongful death attorney to find out more. We offer free case evaluations!

Your Right to Compensation for Your Losses

The sudden loss of a loved one through a preventable accident is an injustice. The criminal court system may not be effective in obtaining a fair outcome. Most fatal accidents take a financial toll on the surviving family if only in medical and final costs.

The survivors may suffer other losses as well, such as:

  • Loss of income if the deceased was a source of income to the family
  • Loss of love, companionship & other services

State law recognizes your right to be compensated by the person or entity responsible when you have lost a loved one because another's careless actions took a life. According to the Louisiana Civil Code Section 2512.2. you have a right to seek compensation from the responsible party. A Shreveport wrongful death lawyer at our firm can listen intently to your concerns and investigate the circumstances of the mishap before filing a claim for your damages.

Who Can File A Wrongful Death Claim?

Although there are certainly plenty of people who are directly affected by the death of a loved one, both emotionally and financially, not just anyone can file a wrongful death case. Instead, Louisiana State legislation mandates that only certain family members can create the lawsuit and that they only do so if a party with more priority does not exist to do so. The family or representative of the decedent's estate may bring suit for wrongful death and recover damages from those responsible.

In order based on who has the most priority, the people who can file a wrongful death lawsuit are:
  1. Spouses or children
  2. Parents
  3. Siblings
  4. Grandparents
  5. Representatives of decedent’s estate

If there are no surviving family members and no one has been named to represent or manage the decedent’s estate, there can be no wrongful death claim. It is also worth noting that adopted family members are eligible for filing but parents who had willfully abandoned the decedent do not.

Furthermore, there is only a brief one year statute of limitations on wrongful death cases in Louisiana; if no claim is filed within the first 12 months after the decedent’s passing, virtually no claim for compensation can be made at all, regardless of evidence of negligence or wrongdoing. Most cases are settled out of court, but as members of the Multi-Million Dollar Advocates Forum®, our legal team develops the case to go to trial and is ready to go toe-to-toe with the defendant's attorneys if that is what it takes to see justice done.

What Damages Are Available in a Wrongful Death Case?

There are two main types of damages that can be pursued in a wrongful death case, economic and non-economic damages. Economic damages, as the name suggests, compensates for financial hardships such as funeral and burial expenses, medical bills, and lost wages. Non-economic damages, on the other hand, compensate for more abstract losses including pain and suffering the deceased’s suffered, loss of companionship and emotional support loved ones suffering.

Louisiana Civil Code Tit. V, Art. 2315.2. outlines who is eligible to recover compensation in a wrongful death case, however unlike many states Louisiana does not govern how to compensate is distributed among family members. Damages can be awarded to the below people in the following order:

  • A surviving spouse and/or child or children
  • Surviving parents if there is no surviving spouse or children
  • Siblings if there is no spouse, children or parents
  • Grandparents if there is no spouse, children, parents or siblings

Call our office to speak with a lawyer who is passionate about obtaining a successful outcome. We look forward to hearing from you.

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