Shreveport Wrongful Death Legal Guidance

Understanding Wrongful Death Claims in Louisiana

When a person dies because of the negligent or wrongful act of another person or entity, their family may be eligible to file a wrongful death claim. A wrongful death claim allows the decedent's family to recover damages that they would have otherwise not suffered had the fatal accident, injury, or illness not occurred.

At the Law Offices of Damon D. Kervin, we represent families in some of the toughest times of their lives. We understand just how devastating it is to lose someone you love because of someone else’s careless or reckless actions, and we want to help you seek the justice you deserve.

For a no-obligation consultation with our Shreveport wrongful death attorney, call (318) 269-7443 or contact us online today.

What Is “Wrongful Death?”

In Louisiana, wrongful death is defined as the death of a human being due to the actions or inaction of another. In other words, if someone else—whether another person, a company, a manufacturer, a government agency, or some other entity—is responsible for the person’s death, it is considered a “wrongful death.” 

Wrongful death actions are brought by the decedent's family members to recover damages for their economic and emotional losses, as well as the decedent's pain and suffering. Essentially, a wrongful death action allows the decedent's family to recover damages for the same types of losses the decedent would have suffered if they had survived the incident that caused their death.

Leading Causes of Wrongful Death in Shreveport

The following types of incidents are often fatal and may result in a wrongful death claim:

• Car accidents
• Truck accidents
• Motorcycle accidents
• Bicycle accidents
• Industrial accidents
• Offshore and maritime injuries
• Oilfield injuries
• Construction accidents
• Plant and refinery injuries

Establishing a Wrongful Death Case in Shreveport

To prove your wrongful death claim, you will need to establish that the defendant owed a duty of care to your loved one. You will also need to prove that the defendant breached that duty of care and that the breach was the proximate cause of your loved one's death. To have a successful claim, you will need to establish that you and/or your family suffered damages as a result of your loved one’s death.

Some examples of duties of care include: 

• Sellers of products have a duty to ensure that the products they sell are safe for use by consumers. This is known as product liability.
• Medical care providers, such as doctors and hospitals, have a duty to provide patients with safe and competent medical care that meets set standards of care. 
• Motor vehicle operators, including commercial drivers, have a duty to drive safely and avoid careless driving or other behaviors that could put others in danger. 
• Law enforcement officers have a duty to act within the scope of the law and to protect and serve the public. 
• Owners of public roads, including cities and other municipal entities, have a duty to maintain those roads and ensure their reasonably safe condition. 

If you can prove that the defendant owed a duty of care to your loved one, that the defendant breached that duty of care, that the breach was the cause of your loved one's death, and that you suffered damages due to your loved one’s death, you may be able to recover compensation for your losses.

Discover how our compassionate Shreveport wrongful death attorney can assist you; call (318) 269-7443 or submit a secure contact form today for a free case evaluation.