May 15, 2015 - Articles - by Dodson & Hooks, APLC
On March 11, 2014, the life of a Harvey, Louisiana woman was tragically cut short while traversing a crosswalk on Manhattan Boulevard in Jefferson Parish. According to a recent wrongful death lawsuit filed by the decedent’s surviving children, the crosswalk lighting and signal systems are to blame for the incident, and both Jefferson Parish and the engineering firms responsible for installing the systems should take responsibility for the accident.
The survivors, consisting of the defendant’s two children, filed their lawsuit against the Parish and three engineering companies in the 24th Judicial District Court and entered the following allegations against the defendants:
- Creating an unreasonable risk of harm against pedestrians and motorists
- Failure to properly correct known dangers
- Defective design
- Failure to maintain a safe crosswalk for pedestrians
- Defective construction of crosswalk
- Unreasonably dangerous traffic signals
- Failure to install adequate ramps and curbs
- Dangerously inadequate lighting
The plaintiffs are seeking unspecified damages from the defendants, including compensation for the pain and suffering associated with the sudden and unexpected loss of their mother. While no wrongful death case is necessarily easy to endure, working with experienced wrongful death attorneys can help minimize the angst associated with seeking fair and adequate compensation following the death of a loved one.
Wrongful Death in Louisiana
Wrongful death actions in Louisiana are governed by Louisiana Civil Code Section 2512.2 and are available to certain surviving family members of one killed as a result of negligent or intentional conduct. In other words, wrongful death statutes exist to prevent responsible parties from evading liability merely due to the fact the plaintiff died as a result of the incident.
Under Louisiana law, the following individuals may commence a wrongful death action:
- Surviving spouse
- If no surviving spouse or children, the decedent’s parent or parents
- If no surviving spouse, children or parents, the decedent’s siblings
- If none of the above survive the decedent, his or her surviving grandparents
In seeking damages in a Louisiana wrongful death action, plaintiffs may request compensation for funeral costs, burial expenses, medical bills relating to the decedent’s final injury, lost wages, value of lost household services and property damage. Likewise, survivors may also receive compensation congruent with the victim’s pain and suffering in his final moments, as well as the loss of companionship experienced by the plaintiffs as a result of their loved one’s sudden death.
For Baton Rouge survivors considering a wrongful death action, the statute of limitations on filing such claims is generally one year from the date of death of the decedent. Therefore, we encourage you to speak with a qualified wrongful death lawyer as soon as possible in order to properly maintain and preserve your rights against the defendant.
Let Dodson & Hooks, ALPC Help
Wrongful death actions are a highly-sensitive and emotional area of law practice and working with an experienced team of Baton Rouge wrongful death attorneys is the best course of action in the wake of tragedy. For more information about our practice, or to schedule a wrongful death consultation, please contact Dodson & Hooks, ALPC right away.