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Wrongful Death

Wrongful Death

If your loved one loses his or her life in an accident, a lawsuit is likely the last thing on your mind. Although a financial settlement can never replace a beloved family member, compensation for death caused by negligence can help secure your family's economic well-being after a tragedy. The experienced, compassionate team at Shanklin Sosa Injury Law is prepared to advocate for your legal rights during this difficult time.

When To Consider A Wrongful Death Claim

When an accident results in serious injury or death, comprehensive investigations are conducted by state and federal agencies, insurance companies, corporate investigators and third-party investigators. You need legal representation to ensure that your rights are protected and that your interests are accounted for during the investigations.

It's also important that your attorney is mindful of the prescriptive period for wrongful death lawsuits. In Louisiana, for general wrongful death actions, the prescriptive period is one year from the death of the deceased or two years from the day that injury or damage is sustained, whichever is longer LA C.C. Art. 2315.2. However, for medical malpractice wrongful death actions, the prescriptive period is strictly one year from the death of the deceased LA C.C. Art. 2315.2.

Types Of Wrongful Death Cases

Although the word "accident" is most commonly associated with vehicular collisions, that is only one of many types of accidents that can result in a wrongful death lawsuit. The full list includes but is not limited to:

  • Medical malpractice
  • Workplace accidents or toxic exposure
  • Unsafe consumer products
  • Pedestrian accidents
  • Accidents involving a tractor-trailer
  • Aviation accidents (plane crashes)
  • Drowning
  • Nursing home neglect
  • Prescription drug accidents
  • Automobile accidents

Regardless of the type of accident, the person who files the wrongful death suit must prove that careless action, willful action or failure to act caused the fatality. We can examine the facts and determine whether you have a case.

Not sure if your case qualifies? The consultation is free.

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