Wrongful Death Lawyers Serving Louisiana
Wrongful death claims arise when a person dies due to another party's negligence, recklessness, or intentional misconduct. These claims are entirely statutory — each state's wrongful death act defines who may file (statutory beneficiaries), what damages are recoverable, and the applicable limitations period. In most states, wrongful death actions are distinct from survival actions: the wrongful death claim compensates the surviving family for their losses (loss of companionship, pecuniary loss, loss of parental guidance), while the survival action compensates the decedent's estate for pre-death pain and suffering, medical expenses, and lost earnings.
Proving wrongful death requires establishing the same elements of negligence — duty, breach, causation, and damages — that would have supported a personal injury claim had the decedent survived. The burden of proof is preponderance of the evidence (more likely than not), which is significantly lower than the beyond-a-reasonable-doubt standard in criminal cases. This distinction is critical: families can recover civil damages even when criminal charges are not filed or result in acquittal.
At Bond Legal, we employ forensic economists who use work-life expectancy tables, projected earnings growth models, and household services valuations to calculate the full pecuniary loss over the decedent's remaining statistical lifespan. We pursue hedonic damages (loss of enjoyment of life) where state law permits, supported by hedonic economics experts. In cases involving gross negligence — such as DUI fatalities, institutional negligence, or corporate malfeasance — we pursue punitive damages designed to punish and deter.
In Louisiana, Louisiana follows pure comparative fault — your recovery is reduced by your percentage of responsibility, regardless of how high. The statute of limitations for most personal injury claims is 1 year (La. Civ. Code art. 3492). Bond Legal's wrongful death lawyers are licensed and experienced in Louisiana courts, ready to advocate for the compensation you deserve.
