Losing a loved one is devastating, but when that loss is the result of another person's negligence or intentional misconduct, those left behind can seek justice through wrongful death claims. 

Wrongful death claims are governed by specific rules and definitions, and understanding those can be a challenge. That’s why Mark W. Smith & Associates is here with some useful information to help you handle these painful circumstances, maximizing compensation while minimizing further distress.

Understanding Wrongful Death

Wrongful death occurs when a person's death results from the negligence or intentional actions of another, covering causes like criminal acts, medical malpractice, defective products, workplace accidents, or car accidents.

In a successful wrongful death claim, you might be able to recover damages for what’s sometimes known as “the full value of the life of the decedent.” These could include: 

  • Lost wages, or the income your loved one would have earned.
  • Loss of companionship or the emotional and social care provided.
  • Loss of support or financial support they would have continued to provide.
  • Funeral and burial expenses, including all costs associated with final arrangements.
  • Punitive damages may sometimes be awarded to punish the defendant and deter future misconduct.

Key Questions

To prove a wrongful death claim, you’ll need to demonstrate a few different facts. With a good attorney advising you, ask yourself…

  1. What Was the Duty of Care?
  • Did the defendant have a legal obligation to protect the deceased?
  1. Was There a Breach of Duty?
  • Did the defendant fail to fulfill said obligation, either negligently or intentionally?
  1. Was There Causation?
  • Did the defendant's breach of duty directly cause the deceased's death?
  1. Were There Damages? 
  • To what extent did you, the plaintiff, suffer financial or emotional harm as a result of the deceased's death?

Generally speaking, Louisiana law imposes a one-year statute of limitations for wrongful death claims. This means you must file your claim within one year of the death, so retaining a skilled attorney is even more important than usual.

At Mark W. Smith & Associates, we’ve got a proven track record, having effectively resolved complex wrongful death claims that went all the way to the Louisiana Supreme Court. If you’re in need in the aftermath of a tragedy, we can deliver the same high-quality results for you as well.

Still have questions about wrongful death claims? Contact the team at Mark W. Smith & Associates, Attorneys at Law, by calling our Metairie office at 504-224-8388 or contacting us online. We look forward to serving you.