WRONGFUL DEATH
PRACTICE AREAS
Shreveport Wrongful Death Lawyer
Experienced Louisiana Wrongful Death Attorney - Serving the Shreveport-Bossier City Area
Have you lost a loved one due to someone else’s negligence or reckless actions? The pain of such an unexpected death can be overwhelming, and the thought of seeking justice may seem daunting, especially when you’re concerned about the financial impact on your family. However, you do have options. Filing a wrongful death claim with the help of a Bossier City-Shreveport wrongful death lawyer can help hold the responsible party accountable and help fight for maximum compensation to support you and your family members during this difficult time.
At The Law Office of Michael J. Vergis, our dedicated wrongful death lawyers understand the profound loss you’re experiencing and are here to help you navigate this challenging process with understanding and compassion. We are committed to defending the honor of your loved one and ensuring that those responsible for their untimely death are held accountable. The attorneys at our law firm will work tirelessly to seek justice and secure the compensation your family deserves.
Don’t hesitate to reach out for a free consultation with our law firm. Call our Shreveport personal injury law firm at (318) 698-3724 or send a message online to discuss your case and explore your legal options.
What is a Wrongful Death Lawsuit?
Wrongful death refers to a legal claim that can be brought when the negligent or intentional actions of an individual or entity result in the death of another person. A wrongful death action allows the representative of the deceased’s estate or a close loved one to file a lawsuit in civil court against the party responsible for the death. This type of lawsuit provides the surviving family members the opportunity to seek justice and obtain financial compensation for their devastating loss.
In wrongful death claims, families may be able to recover damages for both the emotional and financial losses associated with the death of their loved one. This includes medical bills incurred before the death, funeral costs, lost wages that the deceased would have provided, and compensation for the emotional distress placed on the family.
It’s important to note that a wrongful death action is distinct from a criminal case. This means that the responsible party does not need to be convicted in a criminal court to be held liable in a wrongful death lawsuit. The standards of proof are different, allowing families to pursue justice and compensation even if a criminal conviction is not secured.
What Causes a Wrongful Death?
There are various circumstances that might result in someone’s wrongful death. Generally speaking, any negligent act that a person could have prevented with reasonable care that results in another’s death may lead to a wrongful death claim.
Some of the most common wrongful death cases we see at our law firm involve medical malpractice, auto accidents, product and premises liability, workplace accidents, and intentional acts.
Medical Malpractice
When a physician or other medical professional fails to deliver the standard level of care that is expected in their field, and this failure directly leads to a patient’s death, they may be held liable for wrongful death. The standard of care refers to the level of skill, expertise, and attentiveness that a reasonably competent healthcare provider would provide under the same or similar circumstances. Deviating from this standard can have devastating consequences.
Wrongful death in the context of medical malpractice can arise from a variety of situations. For instance, misdiagnosis or failure to diagnose a serious condition can deprive the patient of timely treatment, leading to a worsening of their condition and ultimately, death. Surgical injuries, such as performing an operation on the wrong site or leaving surgical instruments inside the patient’s body, can cause severe complications that could be fatal. Additionally, prescription errors, such as administering the wrong medication or incorrect dosage, can result in life-threatening reactions or failure to treat the patient’s condition adequately.
Motor Vehicle Accidents
Fatal accidents involving motor vehicles are among the leading causes of wrongful death lawsuits. These include car accidents, truck accidents, 18-wheeler accidents, motorcycle accidents, bicycle accidents, boating accidents, and more—all of which can result in devastating outcomes for those involved. Each of these types of motor vehicle accidents has the potential to cause catastrophic injuries or death, often due to factors such as driver negligence, mechanical failure, or unsafe road conditions.
Product Liability
Deaths that result from a product, whether it be a faulty design or manufacturing error, are also among the more common wrongful death cases. There may be a long list of guilty parties in product liability cases, including designers, manufacturers, distributors, and sellers. All of these parties are legally responsible for minimizing the risk of potential harm of the product in which they are selling to the public. Failure to do so can lead to a consumer’s death and bring about a wrongful death lawsuit.
Premises Liability
Land and property owners have a legal obligation to ensure that their premises are safe for visitors, which includes taking reasonable steps to identify and rectify any hazardous conditions. This responsibility, known as premises liability, means that property owners must regularly inspect their property, address potential dangers, and provide adequate warnings of any risks that cannot be immediately remedied. When they fail to meet these obligations, and a tragic accident occurs as a result, they can be held legally accountable.
If a fatal accident occurs on someone else’s property due to unsafe conditions—such as unmarked hazards, faulty construction, inadequate security, or poor maintenance—the property owner may be found negligent. In such cases, if the court determines that the dangerous conditions could and should have been prevented with proper care, the family of the deceased has a strong foundation for filing a wrongful death lawsuit.
Filing a wrongful death premises liability lawsuit in these situations not only seeks justice for the deceased but also serves as a powerful reminder to other property owners of the critical importance of maintaining a safe environment for all visitors.
Work-Related Accidents
Employers are also required to ensure a safe work environment, which includes adhering to safety regulations, providing proper training, and maintaining equipment. When a work-related death occurs due to negligence—such as fires, explosions, toxic environments, faulty equipment, or improper training—the responsible party (or parties) can be held liable through a wrongful death claim. Construction and oil field accidents are some of the more common industries for worker injury or death, but workplace accidents can occur to anyone in any field.
Beyond seeking justice, this type of legal recourse also encourages employers to improve safety practices, helping to prevent future tragedies.
Intentional Acts
Wrongful deaths are not exclusive to accidents – they can also result from intentional acts. When someone deliberately causes harm to another person, whether through domestic violence, assault and battery, or other criminal acts, and that harm leads to the loss of human life, the responsible party can be held accountable not only in criminal court but also through a civil wrongful death lawsuit.
Wrongful death claims arising from intentional acts differ from those caused by negligence, as they involve deliberate, often malicious, actions. Even if the perpetrator has already been prosecuted in criminal court, whether it results in a guilty or not guilty verdict, the victim’s family can still pursue a wrongful death claim in civil court.
Rather than impose criminal penalties, this claim seeks to obtain compensation for the devastating impact of the loss.
Who Can File a Wrongful Death Claim?
Each state has its own laws regarding who is able to bring wrongful death claims for the deceased person. In several states, only a representative of the estate is eligible to file the claim on behalf of the decedent’s family. Louisiana’s wrongful death laws allow certain family members to file the claim directly. Family members eligible to bring a claim include the surviving spouse, surviving children, surviving siblings, surviving parents, and even the surviving grandparents.
However, there is a specific order in which relatives are able to file wrongful death claims in Louisiana. It looks like this:
- The surviving spouse or children of the deceased person; or
- If there are no surviving spouse or children, the surviving parent or parents, or;
- If there are no surviving parents, the surviving siblings of the deceased person, or;
- If there are no surviving siblings, the surviving grandparents of the deceased person.
If there are no surviving family members to bring forth the claim, a representative of the estate may do so.
How Much Can You Sue for Wrongful Death?
There is no way to determine exactly how much a wrongful death case may be worth without first understanding the facts of the case. The circumstances surrounding the death must first be analyzed, and then the damages will be calculated. This includes both economic damages (actual calculable losses, such as medical bills and lost wages) and non-economic damages (compensation for emotional suffering).
As such, wrongful death damages may include any combination of the following:
- Any pain and suffering endured before the victim’s death
- Medical expenses incurred before the death
- Funeral expenses and burial costs
- Property damage
- Lost income
- Loss of services + the value of those services
- Loss of inheritance
- Loss of care
- Loss of companionship and consortium
In cases where the actions of the defendant(s) were especially harmful or egregious, surviving family members may also be able to seek compensation for punitive damages in their wrongful death suit. Rather than account for the economic and non-economic losses, punitive damages are intended to impose further penalties on the responsible party and hopefully prevent these actions from ever happening again in the future.
How Long Does a Wrongful Death Case Last?
Just as there is no surefire way to tell the value of a wrongful death claim without knowing the facts, there is no way to know for certain how long the case will last. Most cases often take around a year to conclude. However, in some cases, it may take as long as a few years or as little as a couple of months. Again, the timeline of the case depends on a number of factors involved, including whether a wrongful death settlement is accepted or if the case proceeds to trial.
Having an experienced Shreveport wrongful death attorney like Michael J. Vergis can ensure your case moves forward at the quickest possible rate while still making sure you are appropriately compensated for your loved one’s death.
How to File a Wrongful Death Claim
Filing a wrongful death claim in Louisiana involves several important steps, but having a Bossier City or Shreveport wrongful death lawyer by your side can make the legal process smoother and more effective. As such, if you’ve lost a family member due to the negligence or intentional act of another, the first step is to consult with an experienced wrongful death lawyer who understands Louisiana’s specific laws and can help guide you through the entire legal process.
Your attorney will help you gather all necessary evidence, such as medical records, accident reports, and witness statements, to build a strong wrongful death case. Your lawyer will then file the claim in the appropriate court on behalf of the deceased’s estate or eligible surviving family members, seeking compensation for damages such as medical expenses, funeral and burial costs, lost income, emotional suffering, and in some cases, even punitive damages.
Throughout this process, your wrongful death attorney will advocate for your rights, negotiate with the responsible parties or their insurers, and, if necessary, take the case to trial. Taking legal action with the help of a skilled attorney ensures that your family’s interests are protected and that you have the best chance of securing the justice and compensation you deserve.
Louisiana Wrongful Death Statute of Limitations
Just like with personal injury cases, those who wish to file a claim and pursue compensation for their loved one’s death must do so within a timely manner. Failure to do so may result in the case being thrown out, eliminating the possibility to recover compensation from the negligent party.
The statute of limitations in Louisiana grants relatives of a deceased person one year from the date of the wrongful death incident to file a claim with the court. Be sure to contact a legal representative as soon as possible to ensure your time limit to file a claim does not expire.
Why You Need an Experienced Louisiana Wrongful Death Attorney
Having an experienced legal team on your side is crucial when pursuing justice for the wrongful death of a loved one due to someone else’s negligence. These cases are often complex, involving intricate legal procedures and the need to prove liability in order to hold the responsible party accountable. A skilled Shreveport wrongful death lawyer can effectively navigate these challenges, leveraging their knowledge and experience to build a strong case on your behalf.
Wrongful death lawyers will work tirelessly to seek compensation for the various wrongful death damages you and your family have suffered, including medical expenses, funeral costs, lost income, and emotional pain. Without a knowledgeable lawyer, you risk facing the legal system alone, which could result in missing out on the full compensation your family deserves.
Following a loved one’s death, the last thing you want to think about is dealing with the legalities and technicalities of a lawsuit. When filing a claim with Louisiana wrongful death attorney Michael J. Vergis, however, the vast majority of this will be taken care of. All you need to do is determine who in your family is going to be the one making the claim and leave the rest up to Attorney Michael Vergis. To get started on your claim, contact our law firm to speak with an experienced Shreveport-Bossier City wrongful death attorney today.
Resources for Grieving Families in Shreveport and Bossier
We understand that when you lose someone you love, obtaining financial support through a lawsuit can’t undo the damage that has already been done. It’s important for grieving family members to also obtain emotional support to aid in their process of recovery. While our wrongful death lawyers at The Law Office of Michael J. Vergis work to provide as much emotional support and guidance as possible, we can only do so much. That’s why we’ve put together a list of local resources to help families overcome their grief.
Below are some local support groups, counseling services, and community resources available to grieving family members in the Shreveport-Bossier City area:
Local Support Groups
- Bereavement Support Group – Willis-Knighton Health System
- Lifepath Hospice Grief Support Group
- GriefShare Grief Recovery Support Group
- The Compassionate Friends of Shreveport/Bossier
Counseling Services
Community Resources
- St. Luke’s Episcopal Mobile Medical Ministry – Provides community outreach services, including emotional and spiritual support for grieving families.
Call Bossier City/Shreveport Wrongful Death Lawyer Michael Vergis Today for a Free Consultation
When families lose a loved one due to someone else’s negligent, reckless, or intentional actions, they have a right to seek justice and fair compensation for their unfathomable loss. If you are facing this painful situation, know that you don’t have to navigate it alone. Michael J. Vergis, a dedicated Shreveport wrongful death lawyer, is here to help you pursue justice. With years of experience handling personal injury lawsuits and wrongful death cases in the Northwest Louisiana area, he knows what it takes to hold guilty parties accountable while providing compassionate advice, guidance, and support during such a difficult time.
We understand that compensation for your loved one’s loss won’t replace them, but it might help in lessening the weight of the financial burden that may come with losing them. A successful wrongful death lawsuit may also help bring a sense of peace, justice, and closure to your family. If you seek to file a wrongful death claim, contact the Bossier City-Shreveport wrongful death attorneys at The Law Office of Michael J. Vergis today.
Simply call our law firm at (318) 698-3724 or send us a message online to schedule a free consultation and decide if this attorney-client relationship is right for you.
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