Mandeville Wrongful Death Lawyer

A recall after your injury strengthens your case by demonstrating the manufacturer acknowledged the defect, making liability easier to prove. Recalls often follow multiple injury reports and provide evidence the manufacturer knew or should have known about the danger. You can check for recalls through the CPSC recall database, FDA recall listings, or NHTSA vehicle recalls. However, you can still win product liability cases even without recalls, and recalls don’t automatically guarantee compensation—you must still prove the defect caused your specific injuries and damages.

No, Louisiana’s strict product liability law allows recovery without proving negligence—you only need to show the product was defective and caused your injuries. This means manufacturers can be liable even if they exercised reasonable care in designing and making the product. You must prove the product was unreasonably dangerous in construction, design, or warning, but you don’t need to establish that the manufacturer breached a duty of care like in traditional negligence claims.

Yes—while workers’ compensation provides death benefits, families can also file wrongful death lawsuits against third parties whose negligence caused workplace deaths, allowing significantly greater recovery than workers’ compensation alone. Workers’ compensation covers limited damages without including pain and suffering or full lost wages. Third-party claims against equipment manufacturers, property owners, subcontractors, or other negligent parties provide additional compensation. Maritime and offshore workers have special federal wrongful death rights under the Jones Act and general maritime law with different procedures and damages than state claims.

Yes—wrongful death cases involve complex legal procedures, strict deadlines, aggressive insurance companies, and substantial damages requiring experienced legal representation to maximize your family’s compensation. Insurance companies employ teams of attorneys and adjusters working to minimize payouts. Families without attorneys typically recover far less than those with experienced wrongful death representation, even after paying attorney fees. Louisiana’s unique survival and wrongful death statutes, damage calculation methods, and procedural requirements make professional legal help essential. We handle all legal complexities while you focus on grieving and healing.

Wrongful death case values vary dramatically from tens of thousands to millions of dollars depending on the deceased’s age, income, life expectancy, number of dependents, circumstances of death, and strength of negligence evidence. Young parents with high earning potential and dependent children typically warrant the highest compensation. Cases involving elderly retirees with no dependents generally result in lower awards. Non-economic damages for grief and loss of companionship also significantly impact case value. Each case requires individual evaluation based on specific circumstances and Louisiana wrongful death law.

Yes—wrongful death civil lawsuits are completely separate from criminal prosecutions, use different legal standards, and allow families to pursue compensation regardless of criminal case outcomes. Criminal cases require proof beyond reasonable doubt and result in punishment, while civil wrongful death cases require proof by preponderance of evidence (more likely than not) and result in monetary compensation. You can file wrongful death claims even if prosecutors declined criminal charges or defendants were acquitted at criminal trial. Civil and criminal cases proceed independently on different timelines.

Louisiana wrongful death damages include funeral and burial expenses, medical bills before death, lost financial support the deceased would have provided, loss of love and companionship, mental anguish from the loss, and loss of guidance for surviving children. Economic damages compensate measurable financial losses with specific dollar amounts. Non-economic damages address intangible harms like grief, loss of companionship, and emotional suffering—juries determine appropriate compensation based on your relationship with the deceased and the impact on your life. Louisiana doesn’t cap most wrongful death damages, allowing full compensation for your family’s losses.

Louisiana’s wrongful death statute of limitations requires filing lawsuits within two years from the date of death, with very limited exceptions—missing this strict deadline typically means losing all rights to compensation. This one-year period applies regardless of when you discovered the negligence caused death or how long it took to investigate the claim. Some exceptional circumstances may extend this deadline, such as when defendants fraudulently concealed their negligence, but relying on exceptions is risky. Contact an attorney immediately after a wrongful death to protect your family’s legal rights and preserve evidence.

Louisiana law grants surviving spouses and children the primary right to file wrongful death lawsuits, followed by parents if no spouse or children survive, and siblings only when no spouse, children, or parents survive. These designated family members must file within one year from the death date. Louisiana’s wrongful death statute specifically defines who has standing to sue—unmarried partners, stepchildren without formal adoption, and extended family generally cannot file wrongful death claims. Consult an attorney immediately to determine your eligibility and protect your rights under Louisiana Civil Code Article 2315.2.