Baton Rouge Louisiana Wrongful Death Attorneys

When one person causes the death of another, it is legally called "wrongful death." This is a civil legal term; criminal laws have additional terms for these circumstances.

Under wrongful death, the death may be caused by actions or negligence on the part of another. Because the main victim of the act (the person killed - the decedent) cannot collect damages or file suit, the surviving family or other representatives may do so. The intention of wrongful death laws is the compensation of family members for their loss - finacially and emotionally. Damages may be awarded for wages and benefits lost, loss of companionship, and/or pain and suffering caused by the trauma.

For a defendant to be held responsible for a wrongful death, it must be proven that the defendant's conduct directly caused the death; that is, that without the defendant's actions, the death would not have occurred. This condition met, the time elapsed between the action of the defendant's action and the death of the decedent is immaterial.

In some cases, it may be that the decedent partially caused his/her own death, due to dangerous or reckless actions, refusal of medical services, or some other means. Under some state laws, this means that the award of damages will be affected according to the percentage to which the decedent is considered responsible v. the percentage to which the defendant is considered responsible.

1. that the death was caused by another's wrongful act
2. that the wrongful act was such that, having survived, the decedent would have been due damages
3. that monetary damages arose from the act

Wrongful death damages may be awarded in a number of areas. First and foremost is the most obvious and easily quantified damage: the specific cost of medical and death expenses.

The future earnings and benefits the decedent would have garnered must also be calculated and accounted for, speculating on lifespan, career earnings, etc.

Wrongful death statues also allow for the award of damages for "loss of companionship," a representation of emotional pain and loss due to the death. This does not easily lend itself to empirical measurement, but is important in considering all the ways that survivors are affected.

Finally, there is the potential for the assignment of punitive damages. These damages are different in intention - they aim to punish the defendant rather than to compensate the victims. Typically, these are assigned only in extreme cases of intentional action or gross negligence on the part of the defendant.

If you or a loved one is in need of legal assistance, call Gordon R. Crawford at (225)647-2881 or toll free 1-800-889-1313. The initial consultation is free of charge, and if we agree to handle your case, we will work on a contingency fee basis, which means we get paid for our services only if there is a monetary recovery of funds. In many cases, a lawsuit must be filed before an applicable expiration date, known as a statute of limitations. Please call right away to ensure that you do not waive your right to possible compensation.