Baton Rouge Wrongful Death Lawyer

Wrongful Death Attorney In Baton Rouge, LA

The loss of a loved one is an impossibly hard time for a family, and it can be even worse when their death should have been avoided. When another person or company’s carelessness causes your loved one’s death, you can hold that party accountable. A Baton Rouge wrongful death lawyer can support your family, provide legal guidance, manage your claim, and help you maintain financial stability during this time.

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.

A Wrongful Death Lawyer in Baton Rouge Can Help You Get Justice

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.

Help Is a Phone Call Away

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.

No Upfront Fees

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.

What Is a Survival Action?

A survival action is similar to a wrongful death claim but can be filed when an individual is injured because of the offense or negligent action of another party and then later dies from their injuries.

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

Motor vehicle accidents are a leading cause of wrongful deaths in Louisiana. In Baton Rouge, there were sadly 40 fatalities in vehicle accidents in 2024. The number of fatalities in vehicle collisions has been decreasing since 2021 when there were 73 fatalities in the city.

Fatalities in motor vehicle accidents are especially likely when large vehicles like commercial trucks are involved or when victims are more vulnerable, like motorcyclists, pedestrians, or cyclists. 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

Medical malpractice wrongful death 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. In 2024, there were 227 reports of medical malpractice payments in Louisiana. These payments totaled more than $62 million.

When a medical professional deviates from the professional standard of care without cause, they can be held liable for the injuries they cause. These cases are especially difficult because of the lack of personal testimony. Working with an experienced attorney can help you understand these complex cases and determine if your loved one’s death was caused by the negligence of their medical provider.

Workplace Accidents

Work environments can be full of hazards, and it’s the employer’s responsibility to keep their employees safe.

In 2023, there were 104 fatal injuries in Louisiana workplaces. The primary cause was transportation accidents, with the second most common cause being exposure to harmful substances and environments. Thirty-six of all fatal injuries in the state occurred in construction, maintenance, and natural resources employment. Forty-two occurred in the material moving, transportation, and production industries.

When hazards in the workplace cause an accident resulting in the death of an employee, the employer could be liable for damages, or their workers’ compensation insurance could be liable for death benefits. If the claim is with workers’ compensation insurance, the claim operates differently than if an employer or third party can be held civilly liable. An attorney can help families navigate one or both of these claims.

Other Causes of Wrongful Death Claims

There are many other accidents that could lead to a wrongful death claim or survival action. If the individual would have had grounds to file a personal injury claim had they survived their injuries, their surviving family likely has the basis for a wrongful death claim or survival action. Other causes of these claims include:

• Defective and dangerous products
• Birth injuries
• Dog attacks
• Premises liability hazards
• Nursing home abuse and neglect

Families can work with attorneys with experience in these types of cases to secure resources and support. While not all causes of death result in wrongful death claims, some can. It’s important to hold negligent and reckless parties accountable when their failures cause injury and death.

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.

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

These damages may differ if the family has the grounds to file a survival action and if there are other factors in the case. 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

All four of these elements must be proven to have a successful case. Proving negligence can be difficult depending on the circumstances of your case. Additionally, some cases may have unique levels of duty of care or allow you to hold a party strictly liable. These unique situations can make cases more complicated.

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.

Wrongful Death FAQs

Do I have to pay taxes on my wrongful death settlement?

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. There are also specific types of damages that could be taxable, such as if your case involves punitive damages.

Is there a cap on compensation for wrongful death?

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.

What if I can’t afford a wrongful death lawyer?

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.