Livingston Parish Wrongful Death Lawyer

The loss of a family member and loved one never feels fair. It can feel unfair when their death should have been avoided, and would have been if someone had taken appropriate care. Intoxicated drivers, careless medical providers, and profit-focused employers should be held accountable when their negligence causes someone’s death. A Livingston Parish wrongful death lawyer can help surviving family members navigate a wrongful death claim in this difficult time.

Compassionate and Dedicated Wrongful Death Attorney in Livingston Parish

A wrongful death claim or survival action can hold at-fault parties responsible for their actions while also recovering financial support for a family dealing with the loss of their loved one. At Gauthier Amedee, our attorneys have more than 40 years of collective experience in personal injury law, including years of work in wrongful death claims. We understand how difficult these cases are and that families may not know how to proceed. We want to help.

Our firm can investigate the cause of your loved one’s death and determine the party or parties who should be held liable. We navigate the process of filing a claim by the legal deadline and gather important evidence to back the claim. Our goal is to help you secure the justice you’re entitled to.

Understanding Wrongful Death Claims

A wrongful death claim can be filed when an individual dies, and the injury or death occurs because another person or entity was negligent or otherwise failed to uphold their duty of care. Surviving and closely related family members could file a wrongful death claim in place of a personal injury claim that the deceased could not file. This claim can hold parties liable and give families important financial support.

Wrongful death claims are not criminal charges. An individual or company can be held civilly liable in a wrongful death claim even if they didn’t intend to cause harm. A civil claim recovers damages and does not require the at-fault party to be criminally liable for anything. There may be cases where both criminal charges and a civil claim can be pressed against an at-fault party, depending on the circumstances of the accident.

How Do You Prove a Wrongful Death Claim?

Most wrongful death claims will be based on negligence. To hold a party liable for their negligence in causing your loved one’s death, you must be able to prove the following elements:

1. Duty of care. The party you are filing against owed your loved one a duty of care. For example, drivers owe each other a duty to avoid causing harm and follow the rules of the road, while individuals and facilities like medical providers have a much higher professional standard of care.
2. Breach of duty of care. The party breached this duty of care. Through action or inaction, the party acted negligently, and this broke the duty of care they owed to your loved one. Parties may also breach duties of care through intentional misconduct or criminal action.
3. Causation. This breach of duty of care was a direct cause of your loved one’s death. Negligent actions only make for a valid claim when those actions lead to an accident and injury.
4. Actual damages. The loss of your loved one has left you and your family with legally recognizable damages. This may include funeral costs, medical bills, and loss of income. In claims like survival actions, you can recover the damages sustained by your loved one, including their pain and suffering.

Proof of all of these elements is much easier to come by with an experienced attorney. Evidence such as photos and videos, medical documentation, professional opinions, and accident reports can be useful. An accident report could be secured with the Livingston Parish Sheriff’s Office, which is located at 20300 Government Boulevard. Their non-emergency number is (225) 686-2241.

Common Causes of Wrongful Deaths and Claims

Many types of personal injury claims can become wrongful death claims, but some are more frequent than others. Some common types of wrongful death claims include:

• Motor vehicle accidents. These are some of the most common causes of injury and fatality. In Livingston Parish, there were, sadly, 27 fatalities in car accidents in 2024. Twenty-two of these fatalities occurred in rural Livingston, and three fatalities were in Denham Springs.

  Certain types of accidents, like head-on collisions, accidents involving intoxicated drivers, or those involving commercial vehicles, are more likely to cause fatalities. Bicyclists, motorcyclists, and pedestrians are especially vulnerable to the harm caused in motor vehicle crashes and often die at the scene or later from their injuries.

  When a party is to blame for the accident, they can be held liable for damages. A driver is the most common at-fault party, but a car part manufacturer, mechanic, road maintenance entity, or driver employer could also be held liable.

• Medical malpractice. Errors made by medical providers can lead to serious injuries and even death. While some injuries and deaths can’t be prevented, some of them can. When a medical professional or facility fails to uphold a professional standard of care, they can be held liable when that causes a patient’s death.

  Medical malpractice injuries and deaths can be caused by misdiagnosis, unsafe prescription drugs, mistakes during surgery, or delayed diagnosis. Claims for medical malpractice can be very difficult, and even harder when the individual is harmed by the provider and is not there to provide testimony. Working with a skilled wrongful death attorney can help uncover evidence to support your case.

• Workplace accidents. There were 104 fatal workplace injuries in Louisiana in 2023, concentrated in industries like natural resources, maintenance, and construction, as well as the transport, production, and movement of materials. Industrial workplaces are especially likely to cause fatal injuries, although fatal workplace accidents could happen to employees in any industry.

  Employers have a responsibility to maintain a safe workplace. Surviving family members can recover death benefits through the workers’ compensation insurance system or may be able to hold an employer liable for negligence. Working with an attorney helps families pursue all their options.

There are many other potential causes of wrongful death claims, and it is important to find an attorney with relevant experience.

Protect Your Family’s Interests With Gauthier Amedee Today

Specific family members are able to file wrongful death claims, and they can recover damages like medical expenses, pain and suffering, and the loss of benefits and financial support. Contact Gauthier Amedee today to schedule a consultation and learn if you have the grounds for a claim.