Baton Rouge Wrongful Death Attorney
All states have specific statutes that provide for financial remedy for the surviving family of anyone who is the victim of wrongful death. Wrongful death claims can arise from a wide variety of situations, and many times an actual determination of wrongful death can be difficult in itself. The mere fact someone dies is not necessarily sufficient for standing to sue for wrongful death, and the material circumstances will always dictate the ruling. That is why it is vital to have an experienced legal representative like Hallack Law Office wrongful death lawyers in Baton Rouge handling the claim.
Louisiana law allows one individual be assigned representative status in a wrongful death claim. The legal spouse is the first party eligible for claim standing, and then on to the biological dependent children. When this does not apply, parents can then be assigned claim standing and extending to the closest of kin in some instances. Even determining who can file a claim can be complicated, and having experienced legal counsel is vital.
Financial recovery in a wrongful death claim is different from a personal injury claim with respect to the items claimed. Wrongful death settlements are considered property of the family members, and items that can be claimed include allowances for:
- Loss of consortium
- Loss of ongoing relationship
- Loss of financial support until adulthood
- Funeral expenses
Proving Wrongful Death
Wrongful death claims are always strongly defended, especially when the respondent has significant ability to pay whole damages. Comparative negligence is also often a defense that most defendants will use, which can be the difference in the case. All cases entail a significant defense, and it always takes aggressive representation to win when a case goes to court.
Wrongful death claims are the most serious of all personal injury claims. Always retain an effective legal team like Hallack Law Baton Rouge wrongful death lawyers in Baton Rouge for comprehensive representation.