Livingston Wrongful Death Lawyer

Wrongful Death Attorney In Livingston, LA

A Livingston wrongful death lawyer with Gauthier Amedee can assist surviving family members after a death caused by the negligence or fault of another person. This includes motor vehicle accidents, workplace incidents, medical errors, and other accidents that result in a fatality. Family members can face a range of legal and financial issues in the aftermath of a death, including loss of support, funeral expenses, and loss of companionship.

We represent families in Livingston Parish who want to learn more about their legal rights and options and the civil justice process following a fatal accident.

Hire a Wrongful Death Attorney

Gauthier Amedee handles all wrongful death claims involving catastrophic and fatal injuries in Livingston Parish. The firm’s practice includes investigating and reviewing the facts of a death and evidence to determine all parties who may be legally responsible. These cases involve close coordination of medical records and reports, accident investigation reports, insurance companies, and issues related to the loss of financial support and care.

Our firm is skilled in high-value personal injury litigation and the preparation and investigation necessary to effectively present these cases. This experience is especially important in these cases, as the long-term impact of the loss on surviving family members can be substantial.

Who Can Bring a Wrongful Death Claim in Louisiana?

Louisiana law has an order of priority for who may bring a wrongful death claim. First, a decedent’s surviving spouse and children can bring a claim. A spouse and children do not need to have been married or living together at the time of the fatal injury. If there is no surviving spouse or child, then the right to bring a claim may pass to the decedent’s parents. If the parents are deceased, then siblings or grandparents may be eligible to bring a wrongful death action.

No other person may have standing to pursue a wrongful death claim in Louisiana regardless of their relationship with the decedent. These statutory rules are applicable even if the decedent had a valid will. Determining the proper party to bring the claim is a threshold issue that must be addressed early in the case.

Types of Losses Addressed in Wrongful Death Cases

A wrongful death claim may address the losses suffered by any surviving family member because of the fatality. Such losses can include financial support, services performed within the home, funeral and burial expenses, or the loss of guidance or companionship. The purpose of the claim is not to punish the responsible party, but rather to allow the claimant to quantify the effect of the fatality.

In 2023, there were 222,698 unintentional injury deaths in the United States. Employment records, financial account statements, invoices, and other documentation may be required to support compensation for damages. A surviving family member’s relationship to the deceased and the circumstances of the fatal incident may affect which losses are recoverable.

Common Incidents Leading to Wrongful Death in Livingston Parish

Motor vehicle crashes are a common source of wrongful death claims in Livingston Parish, including accidents along Interstate 12 and U.S. Highway 190. Fatalities can also result from accidents involving commercial vehicles, workplace incidents, medical errors, or unsafe property conditions. Crashes can also happen because of hazardous roadways or involve commercial trucks, defective equipment, or other preventable causes.

Evidence commonly collected and evaluated includes police reports, witness statements, medical records, and sometimes professional reviews. The nature of these claims in Livingston and the relevant evidence can also depend on local geography, traffic patterns, and prevalent industries.

Difference Between Wrongful Death Claims and Survival Actions

Under Louisiana law, wrongful death claims and survival actions are distinct legal actions. Wrongful death claims seek compensation for losses suffered by surviving family members after the decedent’s death. Survival actions, by contrast, seek damages for harm suffered by the decedent prior to death, such as physical pain, mental anguish, or medical expenses incurred before passing.

These claims are legally separate, may be brought by different parties, and are typically independent of one another. Survival actions are limited to damages that occurred between the injury and death, while wrongful death claims address the broader impact of the loss on surviving family members.

FAQs

How Common Are Fatal Motor Vehicle Crashes in Louisiana?

Fatal motor vehicle crashes are a leading cause of wrongful death litigation in Louisiana. The Louisiana Department of Transportation and Development reports that 997 individuals lost their lives in traffic crashes across the state in 2022.

While not every fatal motor vehicle crash results in a civil claim, this number highlights the frequency of fatal roadway accidents and explains why wrongful death litigation often involves motor vehicle collisions in Louisiana.

Does a Dispute About Who Is Responsible for the Death Impact a Claim?

Responsibility for the death is often a disputed issue in wrongful death claims. It is not uncommon for civil claims to have disagreements about the way a crash or other incident occurred or the role of negligence. Some or all of the disputed issues may be resolved by further investigation, review of documents, and testimony. While disputing liability does not bar a claim, it can impact the direction of the case.

Are Insurance Policies Involved in Most Wrongful Death Cases?

Insurance policies are often involved in wrongful death claims. Policies that may be involved often include auto liability, commercial policies, and/or premises liability policies, among others. Vehicle crashes, workplace incidents, and injuries from unsafe property conditions are just some of the incidents that may have applicable insurance coverage. Identifying available policies and coverage limits is typically part of the early investigation process.

Contact a Livingston Wrongful Death Lawyer

Wrongful death claims involve specific legal requirements that must be addressed under Louisiana law. Many of these cases will need to review evidence, identify eligible relatives, and determine losses associated with the death. An attorney in Livingston for wrongful death can help a family become educated about the civil process and procedural aspects.

Gauthier Amedee represents clients in Livingston Parish in wrongful death cases arising from serious and fatal accidents. Schedule a consultation to discuss deadlines, documentation requirements, and the next steps in pursuing a wrongful death claim.