A death in the family caused by a preventable accident can be devastating. In addition to immense grief and emotional distress, surviving family members may also face sudden financial hardship. Though nothing can make up for the death of a loved one, a Louisiana wrongful death attorney can help them find a way to move forward with their lives. If you lost someone you love in a wrongful death, the Louisiana personal injury lawyers at Shamieh Law can help you seek justice and compensation from the at-fault party. Schedule your free consultation today.
A wrongful death caused by someone’s carelessness is devastating for surviving loved ones. On top of the shock and grief, the victim’s family may also face sudden expenses and financial stress. If you suddenly lost a loved one in a wrongful death in Louisiana, you do not have to handle the aftermath alone.
At Shamieh Law, our Louisiana wrongful death attorneys empathize deeply with the struggle our clients go through after losing a loved one in a preventable accident. If you find yourself facing this situation, we are ready to help you navigate your next steps. While nothing can undo what happened, we can fight for legal compensation, justice, and accountability from the responsible party. Contact us today to schedule a free case evaluation with an experienced Louisiana wrongful death lawyer.
Why Trust Shamieh Law with Your Wrongful Death Case?
At Shamieh Law, our legal team is committed to “Winning With Awareness,” which means we prioritize empathy, purpose, and compassion in everything we do. Given their tragic nature, wrongful death cases can be particularly sensitive and complex. In all cases, we strive to understand the unique situations our clients and their families find themselves in. By building trusting relationships with our clients, as well as the individuals who impact their cases, we position ourselves to secure the best possible outcomes on their behalf.
We have extensive experience handling wrongful death cases in Lake Charles, Baton Rouge, New Orleans, Shreveport, and other parts of Louisiana. With over two decades practicing personal injury law in the state, our award-winning team has what it takes to handle your case from start to finish. Our attorneys have been recognized for their professionalism and outstanding service by multiple organizations and publications, including:
- Super Lawyers
- Texas Lawyer
- The National Trial Lawyers Top 100
- The Million Dollar Advocates Forum
- The American Institute of Personal Injury Attorneys
Born and raised in Louisiana, our founding partner, Ramez Shamieh, is proud to help members of his community seek justice and accountability when they lose a loved one to a wrongful death. Our legal team boasts a deep knowledge of Louisiana law and provides excellent legal representation to families throughout the state.
Excellent Case Results
Our team works tirelessly to secure the best results for our clients. We believe our case results speak for themselves. We have obtained over $100 million in settlements and verdicts for accident victims and their families. If you need a trustworthy wrongful death attorney to help your family seek legal compensation after losing a loved one, we are here for you. Contact us to schedule a free consultation.
What Is a Wrongful Death Lawsuit?
A wrongful death is simply a loss of life caused by another person’s wrongful actions (e.g., negligence) or failure to act. In Louisiana, the governing wrongful death statute articulates this very simply as a death “due to the fault of another.” The act leading to the person’s death can be either intentional or unintentional.
Working with an experienced wrongful death lawyer can help you claim the maximum amount of compensation you and your family are entitled to. Doing so will also ensure that you are treated fairly by the at-fault party and their insurers.
Who Can Sue for a Wrongful Death in Louisiana?
The governing statute in Louisiana lists the family members who can file a wrongful death lawsuit. In order of priority, eligible parties who can sue for wrongful death in Louisiana include:
- The surviving spouse and children of the deceased, or either the spouse or the children.
- The surviving father and mother of the deceased, or either of them if the deceased left no spouse or children.
- The surviving brothers and sisters of the deceased, or any of them, if the deceased left no surviving spouse, children, or parent.
- The surviving grandfathers and grandmothers of the deceased, or any of them, if they left no surviving spouse, children, parents, or siblings.
Consult with our Louisiana wrongful death lawyers to learn more about your rights and legal options after losing a family member at little to no fault of their own. We are here to address any questions or concerns you may have.
Damages Available in a Louisiana Wrongful Death Case
Of course, nothing can truly make up for the loss of someone we love. However, in the interest of providing surviving loved ones with a measure of accountability and justice, the law provides an avenue for them to recover compensation from the at-fault party. Among other things, they may be compensated for things like:
- Medical bills resulting from the death
- Lost earnings the decedent would have contributed to the family
- Loss of benefits, including health insurance, pension funds, and retirement funds
- Pain, suffering, and mental anguish
- Loss of care, protection, guidance, advice, love, and companionship
- Funeral and burial expenses
Again, money cannot make up for someone’s death, and trying to place a monetary value on life presents a difficult challenge in wrongful death cases. Accordingly, to maximize the compensation you and your family receive, it is necessary to work with a skilled attorney who (1) can understand the true impact the loss has on your family and (2) can communicate that impact in settlement negotiations and in court. Shamieh Law is here to help.
Is There a Cap on Wrongful Death Damages in Louisiana?
While many states apply a limit to how much you can recover through a wrongful death lawsuit, Louisiana typically does not. This means your attorney is given wide latitude when negotiating a settlement with the at-fault party and their insurers, as well as when arguing your case in court.
However, Louisiana does impose a limit on damages awarded in medical malpractice cases, as well as in legal actions against the state government. If wrongful death resulted from medical malpractice or negligence of a government agency in Louisiana, recoverable damages are limited to $500,000.
Proving Liability in a Wrongful Death Case in Louisiana
Proving liability in a Louisiana wrongful death case can be complex. Of course, you will need to prove your case by a preponderance of the evidence, which essentially means that the defendant is more likely than not at fault.
Further, in most wrongful death claims, plaintiffs rest their case on the legal theory of negligence. To successfully argue negligence, you need to establish four legal elements:
- Duty – You need to show that the defendant had a legal duty to take reasonable care to avoid harming others through their actions. For example, we all have a duty to obey the rules of the road.
- Breach – Next, you must show that the defendant failed to uphold their duty.
- Harm – Then you must prove the harm you and your family suffered, which will be used to calculate your damages (i.e., compensation).
- Causation – Finally, you must prove that the defendant’s breach of duty caused the harm.
Louisiana Wrongful Death Statute of Limitations
Importantly, you have only a limited amount of time to bring a lawsuit after losing a family member in a wrongful death. The statute of limitations for wrongful death in Louisiana is set at one year. In other words, you only have one year from the day your loved one died to file your lawsuit. Subject to very few exceptions, if you miss the one-year deadline, you will lose your right to file a lawsuit against the person responsible for the wrongful death of your loved one.
Schedule Your Free Consultation with Shamieh Law
If your family is handling the aftermath of a wrongful death, do not wait to consult with an attorney. Shamieh Law is here to help. While you focus on caring for your family, let us seek justice and accountability for your loved one.
Remember, time is of the essence. Contact us today to schedule your free, no-obligation consultation. We can walk you through your full legal rights and options. Further, because we work on a contingency basis, you pay nothing unless we win your case.
