Baton Rouge Wrongful Death Lawyer

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Baton Rouge, LA Wrongful Death Attorney

Nothing is more painful than losing a loved one because of the carelessness of another. Words cannot describe the devastation and pain you and your family suffer when something like this happens. All you know is that it’s just not right. We agree. And we believe that the person who caused your loved one’s death should pay – literally and figuratively. Unfortunately, filing these civil claims can be exhausting and overwhelming as you deal with your grief. A Baton Rouge wrongful death lawyer can help you navigate your claim.

That’s why the Baton Rouge wrongful death attorneys at Day Law Group take on wrongful death lawsuits and fights to win. There is no compensation that will replace or make up for the pain of losing a loved one. For many families, a claim functions as a form of closure, and it may also give you the reprieve and stability you need to grieve. At Day Law Group, we give you the legal and emotional support you need and the advocacy your loved one deserves.

At Day Law Group, We are:

  • Lawyers with a deep commitment to our Baton Rouge, Louisiana community
  • Experienced, aggressive, and knowledgeable personal injury attorneys
  • Lawyers who put our clients’ needs first and seek to understand your interests in a claim
  • Responsive, personable, and caring legal advocates
  • Aggressive legal opponents who do not give up
  • Skilled negotiators and attorneys with experience and success in trials
  • Lawyers who handle cases involving traumatic brain injuries, spinal cord injuries, catastrophic injuries, and wrongful death
  • A law firm that gets results

Our team at Day Law Group has over 25 years of collective legal experience, with a focus on personal injury and recovering compensation for individuals and families. We understand the financial, physical, and emotional strain of wrongful death cases, and our firm strives to help you and your family through this impossible time. Contact our Baton Rouge wrongful death attorneys right away if you suspect a loved one has been the victim of negligence.

Why Should I File a Wrongful Death Claim?

When someone is killed due to the negligence of another, laws in the Louisiana Civil Code allow certain surviving family members to bring a lawsuit against the wrongdoer. A wrongful death claim can be filed when your loved one would have been eligible for a personal injury claim, had they survived the accident.

Whether your loss is caused by a work accident, trucking accident, motorcycle accident, work-related illness, an intentional act, or anything else, you suffer both emotionally and financially from your loved one’s death. These claims can be filed whether your loved one was killed during the accident or as a result of their injuries.

Often, the medical bills and other expenses associated with wrongful death can be an overwhelming burden for surviving family members to bear. While nothing can replace the person you lost, the aim of Louisiana’s Wrongful Death Act is to compensate you and other affected family members for any financial losses related to your loved one’s death.

Generally, the most significant financial recovery from a wrongful death action comes from the loss of financial support — in other words, these damages replaces the decedent’s wages or earnings and help support the family. Damages for loss of financial support include money that the deceased would have provided to the family for food, clothing, health care, education, recreation, entertainment, and gifts.

Is Wrongful Death the Same as Negligence?

Negligence is an important aspect of many wrongful death claims. For another party to be held liable for the economic and noneconomic damages of someone’s death, they must be found to be at fault for the accident, injury, or illness that your loved one suffered from. Negligence is the most common reason why another party is at fault, but they can also be at fault for reckless actions, intentional misconduct, or illegal actions.

The elements that must be proven for a successful wrongful death claim include:

  1. Duty: You must prove that the party owed your loved one a duty of care. For example, a medical provider who agrees to treat a patient owes them a professional duty of care. Drivers on the road owe each other a reasonable duty of care.
  2. Breach: You must show that the party breached this duty of care. This may be through action or inaction, and it may be the result of negligence, intentional misconduct, or malice.
  3. Causation: You must show that this breach of duty of care directly caused the death or the accident, incident, or injury that led to the person’s death.
  4. Actual Damages: You must show the economic and noneconomic damages that you and your family suffered as a result of your loved one’s death.

An experienced wrongful death attorney is an important ally when investigating the cause of death, finding the individual or group who was at fault, and uncovering the evidence needed to prove each of these elements.

Recovering After a Loss

The recoverable amount is not based on the needs of the surviving family, but on how much money the court could reasonably expect the decedent to have earned, had they survived.

Damages may also include funeral and burial costs, any medical costs before a loved one’s death, and intangible losses, such as loss of consortium and companionship.

Victims can also recover damages for the value of the services, society, and comfort that the decedent would have given to their family had they lived. Even the family of a stay-at-home parent, for example, could recover for their missing service around the household. A wrongful death claim can also recover the pain and suffering that occurred between a loved one’s injury and their passing.

In some wrongful death cases, family members may also be able to recover punitive damages. These damages are very rare, and they are not awarded to recover economic or noneconomic losses by the family or their loved one. Instead, these damages are awarded when the actions of the at-fault party are especially egregious and negligent. They are assigned solely to punish them for their actions.

We understand that no amount of money can replace your loved one or compensate you and your family (including the decedent) for the pain and suffering you endured both before and after your loved one’s death. Still, when a person has carelessly taken the life of another, you cannot let that person escape justice, nor should you have to bear the financial burden of their wrongdoing alone.

If you file a claim, Day Law Group can help restore a sense of justice after a devastating and preventable loss. Call us at 225-200-0000 to speak to an attorney about your wrongful death suit today.

What Causes Wrongful Death Claims?

Any accident can lead to a fatality. Any accident caused by negligence can justify a wrongful death claim.

Some of the most common causes of wrongful death claims include:

  • • Car, truck, and motorcycle accidents
  • • Fatal spinal cord injuries
  • • Defective products
  • • Fatal illnesses (like cancer and mesothelioma)
  • • Workplace accidents
  • • And more

Once again, you are entitled to compensation any time you are injured or bereaved by someone else’s negligence. If you’re not sure whether or not you can file a wrongful death claim, simply contact our Baton Rouge attorneys for assistance.

Let Day Law Group Help You Get the Compensation You Deserve

At Day Law Group, we put our experience as wrongful death attorneys to work for you. We are committed to our clients and to getting full compensation for families who have lost a loved one due to someone else’s negligence. We are aggressive advocates but compassionate counsel.

Who Can File for Wrongful Death in Louisiana?

Only certain family members can file for wrongful death in Louisiana. The surviving spouse or children of the deceased person always have the first opportunity to sue. If the deceased is unmarried or does not have children, the surviving parent(s) may bring about a claim. In cases where the decedent does not have surviving parents, their siblings or even their grandparents may be able to pursue justice.

The state of Louisiana also recognizes family members who are related to the deceased person by adoption or marriage. This means stepchildren and adoptive children may also have the right to file. If the decedent does not have surviving family members, their estate may bring a wrongful death case to court. This will help ensure that those named in the decedent’s will get the compensation they deserve.

Most often, we work with people who have lost their spouses and/or parents. We understand what a difficult time this is, which is why we focus on being personable and helpful – always. The legal process can be intimidating, but your legal team shouldn’t scare you. We are here to put our knowledge and skill on your side, support you, and empower you during your worst moments – not make you feel small.


Reach out to DAY LAW GROUP today for a consultation by contacting us at 225-200-0000 or by sending us an email through the online contact form.


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