Areas of Practice
Simien & Simien, LLC is here to help you. We have documented and successful experience representing clients in large-scale class action and mass tort litigation. We have also been successful representing victims of serious injury and wrongful death resulting from industrial, vehicular and other life-threatening or debilitating accidents.
Wrongful Death Accidents
A Wrongful death case involves a claim for the premature death of an individual through the negligence or fault of a third party. Often, such claims are the result of an automobile or other accident that leads to the loss of an innocent life. Vehicular accidents involving 18 wheelers, "Big Rigs" and other trucks, as well as cars being operated by careless or drunk drivers, often cause such losses by the failure of these drivers to obey traffic laws. These cases also often involve industrial plant explosions and other work place injuries caused by defects or negligence on the premises which are caused by the fault of those other than one's employer or co-employees. Retail and other businesses also owe a duty of care to their patrons and customers from known dangers, risks and hazards. The loss of a family member due to an accident or injury causes great pain and turmoil as well as unimaginable financial and other losses within a family. The suddenness of the loss and resulting confusion can lead to a feeling of powerlessness and futility by the surviving spouse and family members. The death of a child, can be just as or more devastating.
Under Louisiana Civil Code Article 2315.1, the surviving relatives have one year to bring claims relating to a wrongful death occurring in Louisiana. The right to bring this claim as well as the claim for injuries sustained by a deceased person prior to their death may be brought only by the following exclusive classes of beneficiary (including by adoption):
- The surviving spouse and child or children of the deceased, or either the spouse or the child or children.
- The surviving father and mother of the deceased, or either of them if he left no spouse or child surviving. However, a father or mother who has abandoned the deceased during his minority is deemed not to have survived him.
- The surviving brothers and sisters of the deceased, or any of them, if he left no spouse, child, or parent surviving.
- The surviving grandfathers and grandmothers of the deceased, or any of them, if he left no spouse, child, parent, or sibling surviving.
- The deceased's succession representative in the absence of any of the above class of beneficiary.
The attorneys at Simien & Simien, LLC appreciate the emotional trauma involved in a wrongful death claim. We will vigorously represent the rights of the victims, and assist the surviving family members in a comprehensive, caring and understanding manner. We provide assistance to families suffering a wrongful death with practical and legal information regarding the various aspects of Louisiana personal injury law and the handling of a wrongful death claim.
Needless to say, it is important that the lawyer representing such victims has experience in litigating serious injury cases and catastrophic injuries, and is familiar with other stresses and losses associated with such claims.
Proper investigation and handling of a wrongful death case requires experienced legal counsel. Our lawyers have the resources and experience to handle such cases. Contact Simien & Simien, LLC today.