Baton Rouge Wrongful Death Lawyer
Over $1 Billion Won by Fatal Accident Attorneys in Baton Rouge
There is nothing as devastating as losing a loved one. The pain and loss are only made worse when our loved ones are taken from us by other people's carelessness, negligence, or recklessness. In our experience, few people need justice as much as the individuals left behind by fatal accidents. Families in these cases are distraught, robbed, and sometimes even financially ruined by the loss of a primary income earner. These effects can haunt families for decades if left unresolved.
At Clayton, Frugé & Ward, our Baton Rouge wrongful death attorneys represent plaintiffs who have been unjustly robbed of a loved one's presence, care, and security due to the negligence of others. Our firm has secured over $1 billion in verdicts and settlements for plaintiffs throughout Louisiana, helping them obtain justice and lifelong security while holding reckless people accountable for their wrongdoing. Let us discuss your best options for pursuing a wrongful death lawsuit so we can help secure your future and, at least in part, right the wrong committed against you and your family.
Call (225) 209-9943 or contact us online for a free consultation with a Baton Rouge wrongful death lawyer at our firm.
Understanding Wrongful Death Claims in Baton Rouge
Wrongful death claims in Baton Rouge are governed by Louisiana's Napoleonic Code, a unique legal framework that sets our state apart from others across the U.S. In Louisiana, wrongful death laws allow the surviving family members to seek compensation for the losses they've endured due to the untimely death of a loved one caused by another's negligence. In other words, if your family member passed away, and someone else is at fault, you may have grounds for a wrongful death lawsuit. But not everyone is eligible to file a wrongful death claim in Louisiana.
Under state law, the people entitled to bring a wrongful death action in Louisiana are typically limited to the following:
- Spouses
- Children
- Parents
- Siblings or grandparents (under limited circumstances)
Because filing a wrongful death lawsuit can be very complicated, it's essential that eligible survivors work with a qualified attorney who understands how the process works and what steps to take to pursue just compensation. At Clayton, Frugé & Ward, we have extensive experience navigating the court systems in Baton Rouge and throughout Louisiana. Our team meticulously prepares every case for trial with the goal of securing the best possible outcome for our clients. Even if your case does not go to trial, this preparation is key, as it shows defendants that our firm is willing to fight for every penny you and your family are owed.
Investigating Fatal Accidents in Baton Rouge
Every fatal accident is the result of multiple poor choices overlapping and compounding on one another. Our job is to investigate each and every one of those choices, holding every party accountable for their part in the loss of someone's life. By doing this, we aim to make sure that those responsible for your loved one's death are made to answer for their choices. We strive to ensure that all liable parties contribute to what the law calls “making you whole.” We leave no stone unturned and no possible path to justice unexplored.
To build a thorough case, we often collaborate with expert witnesses and industry specialists who can provide insights into the technical and legal aspects of your case that may not be immediately apparent. We examine every detail from accident reports, eyewitness testimonies, medical records, and available video evidence to support your claim. Our meticulous process often leads to the uncovering of hidden factors vital for establishing liability and obtaining justice on your behalf.
What Compensation Can Be Recovered in a Wrongful Death Case?
A successful wrongful death lawsuit not only brings the responsible party to justice; it also provides financial relief to surviving family members who are struggling with the grief and loss of a loved one. While no amount of financial recovery can ever come close to undoing the tragic loss you have suffered, a fair settlement or verdict can provide the breathing room you need to manage unexpected medical expenses, the loss of income from a primary earner, funeral costs, and more.
In Louisiana, you may be entitled to the following wrongful death damages:
In some cases, wrongful death claims can result in something called “punitive damages,” which are issued by the court in cases where defendants displayed egregious or criminal negligence. Punitive damages are awarded to plaintiffs on the basis of punishing the defendant, incentivizing them to never repeat their mistakes. Punitive damages sometimes help plaintiffs feel heard by the court, which is often an important element of achieving closure and the ability to heal.
How Long Do You Have to File a Wrongful Death Claim in Baton Rouge?
With a statute of limitations of one year, Louisiana residents have a much shorter window to file a wrongful death lawsuit than other states. In legal terms, one year is not much time at all. If you think your loved one's passing was even partially related to someone else's actions, you should speak with a wrongful death attorney in Baton Rouge as soon as possible. If you're not sure if you have the right to file, the law typically allows spouses, children, and parents to bring a wrongful death suit forward. If you don't fall under any of those categories but were a part of the victim's family, speak with us to learn if you have any recourse under the law.
Our team offers guidance on navigating the entire legal process, from gathering necessary documentation to filing a lawsuit within the applicable deadline. We are proactive in gathering and preserving evidence from the onset, preserving your rights to recovery and justice in the wake of unimaginable loss.
Navigating Baton Rouge's Legal System
Baton Rouge's legal environment is shaped by its unique Napoleonic Code, which differs significantly from common law structures found in other states. This can present challenges for those unfamiliar with local courts and procedures. Clayton, Frugé & Ward is deeply familiar with the Baton Rouge judicial system, which allows us to guide our clients effectively through each stage of the wrongful death process, from filing claims to navigating complex litigation procedures.
We maintain strong relationships with local court officials and key legal figures, enabling us to provide our clients with timely insights and strategic advantages. This local knowledge ensures that we can pursue each case thoroughly and strategically, considering every detail that could impact the final judgment or settlement.
Louisiana Workplace Fatalities: High-Risk Industries in Baton Rogue & Beyond
Baton Rouge is home to several industries with an elevated risk of serious accidents and workplace fatalities. Our area's large industrial economy, many highways, and growing construction sector all contribute to an environment where workplace accidents are, unfortunately, all too common. Below, we explore some of the most dangerous industries in Baton Rouge where wrongful death claims frequently arise.
1. The Oil & Gas Industry
Baton Rouge is a hub for the oil and gas industry, with multiple refineries and petrochemical plants operating in and around the city. While these facilities provide significant employment opportunities, they also pose a heightened risk of on-the-job accidents. Workers in refineries are exposed to hazardous materials, high-pressure systems, and complex machinery, all of which can lead to deadly accidents if proper safety protocols are not followed.
In Baton Rouge, fatal plant and refinery accidents often involve explosions, fires, and exposure to toxic chemicals. Transporting hazardous materials, such as oil or natural gas, also presents serious risks, particularly when accidents occur on the road. A wrongful death claim may arise if negligence by the employer, equipment manufacturers, or third-party contractors contributed to the fatal incident.
Additionally, oil refineries and petrochemical plants are subject to stringent safety regulations. Many fatal incidents occur as a result of safety violations and employers ignoring important regulations meant to keep workers safe. Our attorneys' in-depth understanding of OSHA standards and other regulatory frameworks helps us identify regulatory breaches and employer violations, allowing us to not only determine who is responsible but also fight to hold those responsible parties accountable for worker injuries and deaths.
2. Construction & Manufacturing
The construction and manufacturing industries are major contributors to Baton Rouge's economy, but they also carry a high risk of fatal workplace accidents.
Common causes of death in these industries include:
- Falls from heights
- Being struck by falling objects
- Equipment malfunctions
- Accidents involving heavy machinery
- Contact with equipment
- Electrocution or electrical shock
Many of these incidents have underlying causes, such as inadequate training, poor supervision, or faulty safety equipment. When employers violate safety regulations or ignore standards meant to protect workers, they can and must be held accountable.
When fatal construction and manufacturing accidents occur, the surviving families may be entitled to compensation through a wrongful death claim, especially if the employer or a third-party contractor failed to provide a safe working environment. Our team is adept at dissecting the often complex contractor and subcontractor relationships within construction projects. We examine each involved party's obligations and potential liability in order to pursue full accountability for our clients. This often involves consulting with safety experts to substantiate claims related to safety protocol violations or negligent practices.
3. Transportation & Trucking
Baton Rouge is located at the crossroads of several major highways, like I-10 and I-12. As a result, our city sees a high volume of traffic, including the presence of many commercial trucks. With more traffic comes an increased likelihood of traffic accidents, including fatal collisions with big rigs and 18-wheelers, especially in areas with congested traffic, poor road conditions, or inclement weather. In fact, commercial vehicle accidents are a leading cause of wrongful death claims in Baton Rouge, as collisions involving 18-wheelers and other large trucks often result in catastrophic injuries or fatalities due to the sheer size and weight of these vehicles.
Truck drivers are often under pressure to meet tight deadlines, which can lead to fatigue, speeding, or negligent driving practices. In addition to the truck driver, liability may extend to the trucking company, vehicle manufacturers, or even the entity responsible for maintaining the roads. Families who lose a loved one in a fatal trucking accident may pursue a wrongful death claim to recover damages for medical bills, funeral costs, and the loss of future income and companionship, among other damages.
Our Baton Rouge wrongful death lawyers know how to handle these complex claims. We are familiar with the commercial transportation industry's regulations and can examine driver logs, maintenance records, and company policies to identify lapses that may have contributed to the accident. We examine all potential sources of retribution so that our clients can work to recover the resources they need to heal and move forward.