Question

Does A Louisiana Wrongful Death Claim Only Involve The Deceased Person’s Employer?

Sponsored Answer
Joseph F. Gaar, Jr. - Personal Injury - General - Super Lawyers

Answered by: Joseph F. Gaar, Jr.

Located in Lafayette, LAThe Gaar Law Firm

Lafayette, LA
Phone: 337-366-0982
Fax: 337-233-0690

View Profile
Answer

Absolutely not. If an individual dies at work the employer or a co-worker may bear some or even all the fault in causing that individual’s death. While you may have a claim that falls exclusively under the state Workers’ Compensation Act, you may also have a claim for wrongful death against a third party. Which is someone OTHER THAN THE EMPLOYER. This is something not a lot of people know. 

A third-party lawsuit for a death at work:

The laws in Louisiana treat the fault of employers and third parties completely differently. For instance, if an individual’s death was the sole fault of an employer or co-worker, ALL your remedies for that death would be under the Louisiana Workers’ Compensation Act and your recovery (money you win in a settlement or lawsuit) would be much less than if the work-related death were caused by an individual who is not a co-worker of the deceased person. This is third-party lawsuit. 

A “third-party lawsuit” can be made, for example, for faulty or defective equipment or the fault or negligence of a nonco-worker.

For example, if an individual is hurt or killed as a result of old, defective or faulty equipment or tools that were being used while at work, this could likely result in a third-party lawsuit against the equipment owner or manufacturer. 

If you’re not sure whether or not you have a claim for a loved one’s wrongful death while at work, you should speak with an attorney who handles personal injury and third-party claims specifically. I am more than happy to answer all of your questions at no cost. In personal injury cases and third-party lawsuits, you are only charged a percentage of the ultimate recovery (money) that is won for you. If your attorney or firm is unsuccessful, you will owe nothing. 

Protect yourself. Research your attorney thoroughly before hiring.

If you have a potential third-party or wrongful death lawsuit and wonder if your attorney is right for the job you should ask that attorney: 

  • How may wrongful death cases have you litigated?
  • How many times have you gone to court and tried a wrongful death case?
  • What is your experience and knowledge in handling and representing individuals who have been injured or killed because of a work-related accident?

I care about my community and the individuals and families who live here. I am always more than happy to give you the advice, guidance and recommendations you will need in a free phone call. Don’t hire an attorney who has no idea how to handle these types of cases. Don’t let yourself get injured twice!

Disclaimer: The answer is intended to be for informational purposes only. It should not be relied on as legal advice, nor construed as a form of attorney-client relationship.

Other Answers By Joseph F. Gaar, Jr.

Photo of Joseph F. Gaar, Jr.

How are Louisiana truck drivers negligent?

In many ways. Starting with being a distracted driver. In today’s world, truck drivers, sadly, like most …

Sponsored answer by Joseph F. Gaar, Jr.

Photo of Joseph F. Gaar, Jr.

Why Should An Injured Maritime Worker Contact A Maritime Attorney Instead Of A Personal Injury Or Workers’ Compensation Attorney in Louisiana ??

Because all attorneys are not equal. It’s like in any profession, we try to focus our practice on specifics …

Sponsored answer by Joseph F. Gaar, Jr.

Other Answers About Wrongful Death

Photo of Lee Anthony Ciccarelli

Who can sue for wrongful death in Pennsylvania?

Learn more about your rights to sue for wrongful death in Pennsylvania.  The loss of a family member is …

Sponsored answer by Lee Anthony Ciccarelli

Photo of Tracey L. Dellacona

What Are The Steps Toward Making A Wrongful Death Claim In Georgia?

The first step in making a wrongful death claim is determining and establishing that the negligent act caused the …

Sponsored answer by Tracey L. Dellacona

Photo of Gregory J. Bubalo

How long after my loved one is injured or dies in a nursing home can I sue in Kentucky?

Personal injury and wrongful death cases in Kentucky have a one-year statute of limitations. So, in the case of an …

Sponsored answer by Gregory J. Bubalo

Call Me
337-366-0982

To: Joseph F. Gaar, Jr.

Super Lawyers: Potential Client Inquiry

Disclaimer »
Privacy Policy »
*Required fields
Page Generated: 0.98025512695312 sec