Wrongful Deaths In Recreational Activities

Louisiana is an exciting place to live and visit. The Pelican State offers a variety of different forms of recreational activities. 

Recreational activities provide fun and an opportunity to relax. Having so many activities to participate in can increase the chances of an individual suffering an injury at the hands of a negligent party. 

Tragically, these activities can sometimes end in fatal accidents. 

Hundreds of Louisianans suffer fatal injuries each year because of negligence at parks, playgrounds, beaches, arenas, and other recreational facilities. 

Wrongful Death Lawsuits In Louisiana

Wrongful death lawsuits are brought by the deceased individual’s surviving family members or representatives against individuals, businesses, or companies. 

Wrongful death claims seek restitution to assist survivors in dealing with the loss of a loved one.

Louisiana’s wrongful death statute of limitations is one year. 

The involved parties, the circumstances of the case, insurance coverage amounts, evidence, the judge or jury, and the reputation and skill of the legal team all impact the conclusion of a wrongful death lawsuit. 

In Louisiana, there are strict limits on who can initiate a wrongful death action and who can benefit from the proceeds of a settlement or verdict.

Eligible survivors include: 

· The victim’s spouse

· The victim’s spouse and children 

· The victim’s children, if there is no surviving spouse

· The victim’s parents, if there is no surviving spouse or children

· The victim’s siblings, if there is no surviving spouse, children, or parents 

A wrongful death action can arise against a person also facing criminal charges for the same incident. 

Even if the person is not guilty of a criminal charge, they may be liable for the wrongful death action because it has a lower burden of proof. 

Recreational Accidents In Louisiana 

Types of recreational accidents in Louisiana include: 

· Bicycle Accidents

· Sports Injuries

· Amusement Park Injuries

· Boating Accidents

· Gym and Fitness Center Injuries

· Hiking and Camping Injuries

· Waterpark Injuries

· Concert and Festival Injuries

· Hunting Accidents

· Skydiving Injuries

· Swimming and Diving Accidents

· Horseback Riding Injuries

· Rock Climbing Accidents

· Trampoline Injuries

· Martial Arts Injuries

· Skateboarding Accidents

· Motor Racing Injuries

· Scuba Diving Accidents

· Ziplining Injuries

· Paintballing Injuries

· Drone Mishaps

· Surfing Accidents

· Jet Ski Accidents

· ATV Accidents

· Parasailing Accidents

· Hot Air Balloon Accidents

· Bungee Jumping Accidents

· Rodeo Injuries

· Race Marathon Injuries

· Ice Skating Rink Injuries

· River Rafting accidents

Fatal Recreational Injuries

Fatal recreational injuries include skull and brain trauma injuries, internal organ injuries, spine fractures, lung lacerations, burns, heart ruptures, hemorrhagic shocks, or exsanguination (bleeding to death). 

Wrongful Death And Personal Injury Lawsuits

Both wrongful death and personal injury lawsuits arise when the negligent, reckless, or intentional actions of another cause one to suffer harm. 

In both, it is necessary to prove four elements – duty of care, breach of duty, causation, and damages. 

An injured party initiates a personal injury claim against the at-fault party. The survivors of a victim file a wrongful death claim against the at-fault parties. 

In wrongful death lawsuits, courts determine financial losses by considering several factors, including the deceased person’s earning capacity, health, character, age, and life expectancy. 

In wrongful death claims, the survivors can pursue compensation for funeral expenses, lost financial support from the deceased person, loss of consortium, and loss of companionship. A wrongful death claim does not include pain and suffering the dead person experiences before death. 

Wrongful Death Defenses

Defendants avoid liability for their actions or negligence in any way possible, including blaming others or injured victims.

The first roadblock that you may face in your wrongful death case is the defendant’s rejection of all or some of the liability associated with your loved one’s death. Common defenses defendants use to absolve themselves of liability include comparative negligence, assumption of risk, the statute of limitations barring the case, and failure to state action cause upon which the plaintiff seeks relief and release agreements or liability waivers. 

Bart Bernard Injury Lawyers: Exceptional Attorneys For Outstanding Results 

Our compassionate Louisiana wrongful death lawyers at Bart Bernard Injury Lawyers always have your best interests at heart. The lawyers at our Louisiana personal injury law firm provide sound legal guidance, explain each stage of the litigation process, and assist with your family’s emotional and monetary needs. 

Losing a beloved family member due to the misconduct or negligence of another can be challenging, and no amount of monetary compensation can replace them. 

Wrongful death lawsuits can help support your family in the future and hold wrongdoers accountable for the harm they cause.

If your loved one has succumbed to fatal injuries due to someone’s negligent behavior anywhere in Louisiana, it’s vital to seek the advice of an accomplished wrongful death attorney. 

Your lawyer’s caliber massively impacts your wrongful death lawsuit’s outcome. 

Louisiana personal injury attorney Bart Bernard possesses a thorough understanding of complex legal, scientific, and medical issues to come up with the best strategies for high-stake wrongful death cases. 

Time is of the essence in wrongful death claims because evidence disappears and memories fade. 

No internet articles or commentaries could ever fill in for a free consultation with an experienced attorney. 

Call us immediately to request your free consultation.