Wrongful Death Lawyer in Metairie, LA

Comprehensive Legal Support for Family Survivors in Houma, Lafayette, Lake Charles & Throughout Southwest and Southeast Louisiana

Wrongful death in Louisiana occurs when an individual dies as a result of another party’s negligence or intentional harm. This can happen through various incidents and circumstances, from traffic collisions to medical malpractice or criminal attacks. When such incidents take place, Louisiana’s wrongful death statute provides a legal pathway for certain family members to seek compensation for their losses.

Wrongful deaths are particularly devastating to survivors because they not only have to contend with the sudden and unexpected loss of a loved one but also face the emotional and financial repercussions that follow. 

The absence of the deceased can leave a void that affects families for years, causes psychological distress, and can drastically alter the future of the household. As a survivor, you may grapple with significant financial difficulties due to medical expenses, funeral costs, and the loss of income and support that the deceased provided. 

Legal recourse is often needed to alleviate the hardships of this combined burden. A wrongful death claim is also a path to seek justice for the life of a loved one who has been unnecessarily lost to a premature and preventable death. 

At the Law Office of Ivan J. Thompson, we are committed to the families who seek our help in these devastating situations. Our firm provides compassionate client support while aggressively advocating for your rights and best interests throughout the legal process. 

Reserve a free initial consultation with our Metairie wrongful death attorney by calling us at (985) 531-1945 or contacting us online. 

Who Can File Wrongful Death Claims in Louisiana?

According to Louisiana law, the following parties have the right to file a wrongful death lawsuit in order of priority:

• The deceased’s surviving spouse and/or children
• If there are no surviving spouse or children, the surviving parent(s)
• If no surviving spouse, children, or parents, the surviving siblings
• If there are no surviving spouse, children, parents, or siblings, the surviving grandparents

Common Causes of Wrongful Deaths 

Many different accidents and incidents can trigger wrongful deaths in Louisiana. 

Some of the most common causes include:

• Motor vehicle accidents: Crashes involving cars, motorcycles, trucks, pedestrians, or bicycles caused by reckless driving, driving under the influence, or failing to obey traffic laws.
• Medical malpractice: Errors committed by healthcare professionals such as misdiagnosis, surgical mistakes, medication errors, or neglect.
• Workplace accidents: Incidents occurring in industrial settings, construction sites, or offshore drilling rigs due to unsafe working conditions or inadequate training.
• Product liability: Deaths caused by defective or dangerous products, ranging from household items to pharmaceutical drugs or vehicles.
• Premises liability: Fatal injuries occurring on another’s property, whether due to slip and fall accidents, inadequate security, or structural hazards.
• Criminal attacks: Incidents where intentional harm through criminal activity, such as assault, battery, or homicide, has directly resulted in the loss of life. These actions can justify a wrongful death claim if they stem from the direct or negligent action of a third party.

Each of these situations requires a thorough investigation to establish the negligence or intentional acts that led to the wrongful death, forming the basis for a potential legal claim by the eligible survivors.

Damages Available to Wrongful Death Family Survivors

The specific damages that may be available to family survivors in wrongful death cases can include, but are not limited to:

• Funeral and burial expenses
• Medical bills incurred by the deceased as a result of the injury leading to death
• Loss of income and benefits the deceased would have earned had they lived
• Loss of love, companionship, and support the deceased would have provided family members had the deceased survived
• Emotional pain and suffering endured by family members
• Punitive damages if the death was caused by particularly egregious conduct

Civil vs. Criminal in Wrongful Death Cases

The critical difference between a civil wrongful death claim and a criminal case is the nature of the consequences imposed on the wrongdoer. A civil claim seeks financial compensation for the survivors, whereas a criminal case aims to punish the wrongdoer with penalties such as imprisonment.

For example, if a drunk driver fatally injures an individual, the driver may face criminal charges for vehicular manslaughter, while the family may simultaneously pursue a civil wrongful death lawsuit. These two legal proceedings are independent of one another, and the outcome of one does not necessarily determine the result of the other.