Wrongful Death


Losing a family member or a loved one can be one of the most difficult experiences that anyone must go through in his or her life. Many know the pain that comes with losing someone. Worst of all, a number of us know the pain of having someone taken from us too soon. Wrongful deaths can be paralyzing to the family and loved ones directly affected by the tragedy.

The legal definition of wrongful death is the civil action of charging another with being liable for the death of another due to negligence or failure to act. The burden of proof is on your lawyer in a wrongful death case, meaning he must prove that the negligence of one party is to blame for the death of another. Wrongful death cases are often very intricate, so it is imperative that you have an experienced lawyer who can handle your case appropriately.

If you have lost a loved one due to a wrongful death, you may be entitled to compensation for your suffering. The first step is to discuss your situation with an experienced Louisiana wrongful death attorney in order to determine if you have a case. To inquire about an evaluation of your potential claim, call The Toce Firm today for a free consultation at (337) 233-6818.


Causes of Wrongful Death

The wrongful death of a loved one may be attributed to many things, including car accidents caused by negligent or careless drivers, accidents at work due to a company’s failure to adhere to safety regulations, and a multitude of other causes.

The most common causes of wrongful death are as follows:

  • Truck / Automobile Accidents

  • Fatal Workplace Injuries

  • Maritime Accidents

  • Motorcycle Collisions

  • Pedestrian & Cyclist Accidents

  • Slip & Fall Incidents

  • Medical Malpractice

  • Occupational Diseases

Although work-related deaths decreased by nearly 30 percent between 2008 and 2012, the Louisiana Workforce Commission reported more than 45 work-related deaths in 2012. Worker’s compensation aims to reduce the burden placed upon the loved one’s of the victim of the accident death. However, the benefits of workers’ compensation are limited and most often insufficient. Furthermore, they fail to address the harm caused by third parties at fault in the wrongful death.


Who Can Make a Wrongful Death Claim?

According to Louisiana law, family members who are affected by a wrongful death must follow the hierarchy of who is eligible to make the wrongful death claim. It is important to note that the surviving spouse or family member has one year from the date of the accident to make a wrongful death claim in Louisiana.

The right to bring a wrongful death claim is exclusive to only the following classes of beneficiary (including by adoption):

  • The surviving spouse and child or children of the deceased, or either the spouse or the child or children

  • The surviving father and mother of the deceased, or either of them if he left no spouse or child surviving. However, a father or mother who has abandoned the deceased during his minority is deemed not to have survived him

  • The surviving brothers and sisters of the deceased, or any of them, if he left no spouse, child, or parent surviving

  • The surviving grandfathers and grandmothers of the deceased, or any of them, if he left no spouse, child, parent, or sibling surviving

In addition, the right to recover all damages for injury to the deceased may be urged by the deceased's succession representative in the absence of any class of beneficiary listed above.

If you or your family members have suffered due to the wrongful death of a loved one, seek out Toce Law for assistance with practical and legal information regarding the proper method of handling of a wrongful death claim.


Wrongful Death Compensation

Compensatory damages are the most common type of compensation a person seeks after a wrongful death. While compensatory damages are the most common, there is a large number of other types of damages that people can make a claim for. Some other types of compensation that individuals choose to file for include:

  • Pain and Suffering

  • Burial Expenses

  • Medical Expenditures

  • Loss of Future Earnings


For certain damages, such as loss of future earnings, an expert may be employed to assist in proving the amount of earnings the individual may have gained over his or her lifetime.


Consult with a Professional Personal Injury Lawyer

We know without a doubt that a wrongful death will be one of the most difficult experiences you will go through. Let us help you get through the process as smoothly as possible. Call The Toce Firm today at (337) 233-6818 to learn more about your options in a wrongful death claim.


Contact Us

969 Coolidge St.

Suite 201

Lafayette, LA 70503

Phone: (337) 233-6818

Fax: (866) 306-9336

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an lawyer-client relationship.

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