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What is a "wrongful death" claim in Louisiana?

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Answered by: Walter Marshall Sanchez

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You might be entitled to wrongful death damages if the death of your spouse or family member was caused by someone else’s negligent or faulty actions. For example, you might have a wrongful death claim if a spouse or family member is killed by an explosion, fire, exposure to dangerous chemicals, faulty machinery, auto accident, work accident, or medical malpractice. 

Wrongful death damages can be claimed whether the negligent or faulty actions were intentional or accidental. Those damages can include things like all of the lost wages that your loved one would have earned if they had not been killed, and damages for the loss of love and affection you have experienced. If your loved one did not die instantly, you might also be able to pursue damages for medical expenses and the pain and suffering that your loved one experienced between the time of the accident and their death. 

In general, spouses and immediate family members can file wrongful death claims in Louisiana. A personal injury attorney can quickly determine who is eligible to file a wrongful death claim. Consultations with an attorney about a wrongful death or personal injury are always free.

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