Losing a loved one due to someone else’s negligence is a devastating experience. In such tragic times, a wrongful death lawyer in Baton Rouge can help you seek justice and financial compensation. Understanding your rights and the legal processes involved can be overwhelming, but our experienced attorneys are here to guide you every step of the way. We offer free case reviews and no upfront fees, so you don’t have to worry about any out-of-pocket costs.
Did You Lose a Loved One in an Accident?
Your family deserves justice. Our Baton Rouge wrongful death lawyers are here to help you fight for the compensation you are rightfully owed. Let us help you during this difficult time. Speak to the Go2Lawyers for free today.
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Grieving the loss of a loved one can be unbelievably difficult, but getting the legal help you need is just a phone call away.
You Deserve Compensation
If you lost a loved one due to the negligence of another, you deserve compensation. We’re ready to be your Go2Lawyers.
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You shouldn’t have to worry about costly upfront legal fees. Starting with a free case review, you won’t owe us anything unless we win for you.
What Is Wrongful Death?
Wrongful death occurs when a person dies due to the legal fault of another individual or entity. Louisiana law dictates that a wrongful death claim can be filed if the deceased could have pursued a personal injury claim had they survived. This legal avenue allows the family members to seek compensation for their loss and hold the responsible parties accountable.
Catastrophic Injury vs. Wrongful Death
While both catastrophic injuries and wrongful deaths result from severe accidents or negligence, they differ significantly. Catastrophic injuries refer to severe, life-altering injuries that do not result in death, whereas wrongful death pertains to cases where the injuries sustained lead to the victim’s death. Both require different legal approaches and have distinct impacts on the victim’s family.
Put an Award-Winning Firm on Your Side!
If you’ve been hurt in an accident that wasn’t your fault, never forget that you have rights. You deserve justice, and you deserve to be compensated for your medical bills, pain and suffering, lost wages, lost future earnings potential, and the emotional damage you’ve suffered. That’s why our team at Gauthier Amedee is here for you.
If you’re looking for a law firm that truly understands what you’re going through while bringing years of experience to the table, we are ready to help. We’ve seen too many people come through our doors who are suffering because someone else was irresponsible, and we’ve dedicated our lives to fighting for the justice they deserve. We are your Go2Lawyers. All it takes is a simple phone call — you don’t even have to leave your house! Just reach out to us at 225-222-2222 and we’ll start your case review right away.
Common Wrongful Death Causes
Wrongful death can occur as a result of many different types of accidents. These are a few of the most common accidents that cause wrongful death:
Motor vehicle accidents are a leading cause of wrongful deaths in Louisiana. When a driver’s negligence, such as driving under the influence or reckless driving, leads to a fatal accident, the driver can be held liable.
Medical malpractice occurs when a healthcare provider’s negligence results in a patient’s death. This can include misdiagnosis, surgical errors, or failure to provide appropriate treatment.
Work environments can be full of hazards, and it’s the employer’s responsibility to keep their employees safe. When hazards in the workplace cause an accident resulting in the death of an employee, the employer could be liable for damages.
When To File a Wrongful Death Claim
Understanding the timing for filing a wrongful death claim is crucial. In Louisiana, the statute of limitations for wrongful death claims is one year from the date of death. Failing to file within this period can result in losing the right to pursue compensation.
Who Can File?
Under Louisiana law, the following parties can file a wrongful death claim:
- The surviving spouse and children of the deceased
- If there are no surviving spouses or children, the surviving parents can file
- In the absence of surviving parents, the siblings of the deceased can file
- If there are no surviving siblings, the grandparents of the deceased may file
If you think you may be eligible to file a wrongful death claim on behalf of your loved one, discuss your case with a Baton Rouge wrongful death lawyer at Gauthier Amedee.
See What Our Clients Have to Say!
“Landon and his team are truly the best! Landon helped so much through my family’s accident. Very caring and professional team, couldn’t be more pleased.”
–Kaylee M.“They are the ultimate in legal representation. All of the staff members have your best interests in mind at all times. Jody Amedee helped me with my case. He just doesn't know the word quit! Everyone in the staff keeps you well informed every step of the way, showing true friendliness and professionalism. I would suggest Gauthier-Amedee to anyone. Just give them your case and relax!”
–Dan B.“The staff at Gautier and Amedee could not have been more helpful and pleasant to work with during this difficult time. They are always professional and caring.”
“Gauthier and Amedee are the best lawyers in Ascension Parish and the state of Louisiana. They treated us with the utmost respect and kept us informed through the whole process. If you want the best, this is the only place to go. My family thanks you very much for everything.”
–Brian H.“What a fantastic, easy, and stress free process the whole team made for me!! Jody Amedee represented me and TRULY what a blessing and pleasant experience he and the team made it. Would highly recommend for anything!! Lawyer for life!
–Hannah C.“Best experience I have ever had with lawyers. Landon and miss Courtney work hard for you and they keep you informed. I will be recommending them to all my family and friends. Thanks for a job well done, Landon"
–Capt. Chris C.“Gauthier Amedee and associates were extremely professional and precise. A very special thanks to Thomas Klibert who walked me through every step throughout my process. He answered every question I had without hesitation. I never wondered what was going on with my case; the guidance was abundant. Thomas was very courteous, diligent and ambitious!!! I would highly recommend Gauthier Amedee!!! Thank you guys again!!!!
–Timeka B.“Never once did I doubt the quality of service or the work put in by the amazing people at Gauthier Amedee. They treat you better than family and always go the extra mile to make you feel comfortable. Gauthier and Amedee all the way!!!”
–Skyler M.What Compensation Is Available?
The amount of compensation the decedent’s family can receive depends on the damages the family incurred as a result of the accident that caused their death. In a wrongful death claim, various types of compensation can be sought, including:
- Funeral and burial expenses
- Loss of income and benefits
- Loss of companionship and support
- Pain and suffering of the deceased before death
- Medical expenses related to the deceased’s final injury or illness
Your attorney can estimate the value of your case by considering all the damages your family suffered, and the potential monetary value associated with those damages.
How To Win Your Case
To win a wrongful death case, you must prove that the defendant’s negligence directly caused the death. This involves demonstrating:
- Duty of Care: The defendant owed a duty of care to the deceased
- Breach of Duty: The defendant breached that duty through action or inaction
- Causation: The breach directly caused the death
- Damages: The death resulted in quantifiable damages to the family
Proving negligence can be difficult depending on the circumstances of your case. That’s why it is always best to seek the help of an experienced wrongful death attorney in Baton Rouge. Their knowledge of the legal system will enable them to identify the most compelling evidence, avoid common legal pitfalls, and negotiate a fair settlement.
Our Wrongful Death Lawyers in Baton Rouge
Wrongful Death FAQs
Generally, wrongful death settlements are not taxable under federal or state law, as they are considered compensatory for the victim’s loss. However, any interest earned on the settlement may be taxable.
In Louisiana, there is no general cap on wrongful death damages. However, medical malpractice claims have a cap of $500,000 on non-economic damages.
Our wrongful death lawyers work on a contingency fee basis, meaning we only get paid if we win your case. There are no upfront costs.
Speak to a Baton Rouge Wrongful Death Attorney for Free
If you have lost a loved one due to someone else’s negligence, our compassionate and experienced wrongful death attorneys in Baton Rouge are here to help. We offer free consultations to discuss your case and determine the best course of action. Contact us today to get started.