If your loved one's death was caused by another person's negligence or intentional act, your family may be entitled to compensation through a wrongful death action.
Wrongful Death Lawyer Serving New Orleans
If you lost a loved one, we offer you and your family our deepest condolences. Nothing can replace the void the death of a loved one creates or the mental anguish surviving family members deal with, not to mention family financial matters which may be exacerbated by medical bills and funeral expenses. But when a person dies due to someone else's negligence, their loved ones may be able to seek financial compensation and justice on their loved one's behalf through a wrongful death claim. If you lost a family member due to another person or party's negligent actions, speak with a New Orleans wrongful death lawyer from Wright Gray Law Firm today about your legal options.
New Orleans Wrongful Death Guide
What is a Wrongful Death?
Wrongful deaths are deaths caused by the wrongful or intentional actions of another person or party. Wrongful death cases often involve situations such as:
- Negligence, such as reckless driving
- Intentional acts, such as an assault
- Actions in the course of another crime, such as a car accident caused by a drunk driver
Louisiana law allows surviving loved ones to file a wrongful death claim on behalf of the decedent. These claims are usually filed to a personal representative of the deceased person. A wrongful death claim is a type of personal injury case that allows surviving family members to file legal action and seek compensation on behalf of the decedent.
Who Can File Wrongful Death Lawsuits?
Louisiana law stipulates that only the following family members are eligible to file a wrongful death claim, in the following order:
- Surviving spouse and/or surviving children
- If there is no surviving spouse or children, the decedent's parents may file a wrongful death claim
- If the decedent's parents are not living, the decedent's surviving siblings may be eligible to file a claim
- If the decedent doesn't have any living siblings, their surviving grandparents may file a claim
Wrongful Death Statute of Limitations in New Orleans, LA
In Louisiana, there is a one-year time limit for filing a wrongful death lawsuit in civil court. The clock begins either on the date of the death or when the responsible party's negligence was discovered. Family members who miss this deadline likely miss out on the opportunity to seek compensation through the court system. A New Orleans wrongful death lawyer from Wright Gray Law Firm can review your case to determine whether your claim falls within the state's statute of limitations.
Compensation for New Orleans Wrongful Death Claims
Compensation in New Orleans wrongful death claims is important in paying for the funeral and burial, but what other expenses could there be?
Your wrongful death settlement may cover several other damages. These claims are meant to help the family heal after a major loss, so you should consider any expenses and seek damages for all the losses you've suffered, including:
- Medical Expenses – If there was any attempt to save your loved one, he or she could have been in the hospital for some time, which can be expensive.
- Lost Wages – If your loved one was the household's primary source of income, this could leave you suffering. Your settlement should account for this loss, and a lawyer can help you calculate the appropriate value.
- Emotional Anguish – Losing a family member can be devastating, especially in the case of immediate family members like spouses or children. Your family deserves support after the sudden loss, and your compensation should reflect that.
Seek justice on behalf of your loved one. Schedule a free legal consultation with a New Orleans Wrongful Death Lawyer from Wright Gray Law Firm today.
The Legal Process of a Wrongful Death Lawsuit
Wrongful death lawsuits usually go through a series of negotiations with the insurance company or the legal representative of the defendant. There are four key elements of a wrongful death lawsuit that plays an important part in proving negligence on the part of the other party. These are:
- Negligence: The responsible party needs to be shown to be negligent and the death resulted from that negligence.
- Breach of Duty: For a wrongful death suit to be proven, the defendant must have had a duty of care to the deceased, and must have broken that duty resulting in the death of the individual.
- Causation: When the breach of duty happened, how did it lead to the death of the deceased person? Was the death due to the accident or something else, like negligent medical care? Causation makes a link between the breach of duty and the death itself.
- Damages: How did the death affect the plaintiff? In this difficult time, it may be hard to quantify what that damage may be, but it is crucial to this type of case to determine what damages you may be entitled to. Damages may include medical expenses, funerary costs, and other expenses.
These personal injury lawsuits fall under civil cases and not criminal cases. As a result, the burden of proof is much lower than in criminal cases. A personal injury lawyer will help you to plan out the case and be your representative for all the mediation, discussion, and negotiation that is likely to follow.
Can a Wrongful Death Lawyer Help?
Wrongful death attorneys are a crucial element in these types of cases. The personal injury lawyers with Wright Gray Law Firm offer a free consultation and even offer clients to pay on a contingency fee basis. Your legal team may consist of experts in the field of wrongful death as well as others who might be pertinent to your case. For example, in the case of medical malpractice, lawyers with experience in medical care cases may be present. The combined experience of our legal team will allow us to fight your case from a position of strength.
Our experienced wrongful death lawyers will consider your state of emotional distress as a useful gauge of the personal injury accident damages you have suffered. Other damages may include burial expenses and outstanding medical bills for the deceased. Our personal injury attorneys will seek the maximum compensation to cover your pain and suffering during this time of grief. Your own medical expenses may include medications or therapist sessions to help you cope with the companionship loss and strain of losing your loved one.
The New Orleans wrongful death attorneys at Wright Gray will make a demand for compensation to the at-fault party or insurance company for full and fair compensation, and we won't back down in negotiations until we recover the financial compensation you deserve. If the defendants refuse to play fair, we will take them to court and advocate on your behalf.
What Happens in a Settlement?
Most wrong death lawsuits settle before going to court. Wrongful death settlement amounts vary. Economic damages that might be levied on the defendant include things like punitive damages alongside payment of medical bills and expenses. Long-term financial losses of the plaintiff may also be considered. For example, if a family's primary breadwinner died because of an accident injury or a traumatic brain injury as a result of a truck accident, the family may be entitled to long-term compensation. Legal matters pertaining to the settlement may also need to be taken into account, but a personal injury lawyer will be able to advise you on these depending on the locale.
The settlement award that a person gets will partially be based on the mental anguish they feel over losing a loved one. However, it may also be based on a wide range of other pertinent considerations such as the deceased person's contribution to the family and their standing in society. A compassionate lawyer will realize that relying on mental anguish for compensation isn't the right way to approach this issue. Instead, your legal advocate will show the emotional attachment, but not use it as a crutch to justify the settlement.
Connect with a New Orleans Wrongful Death Attorney
At Wright Gray, we understand that pain, and we're ready to fight for you so you can work through it. We know what a difficult time this can be, so we're ready to fight for you and your family and for the compensation you need to carry on with your life.
Wrongful Death FAQ
What is considered wrongful death?
Wrongful Death is best described when a person’s death is caused by the wrongful act or negligence of another. Wrongful death is the basis for a lawsuit, a wrongful death action, against the party or parties who caused the wrongful death. Action may be filed on behalf of the members of the family who have lost the company and support of the deceased due to wrongful death.
What kinds of damages can be recovered in a wrongful death lawsuit?
In a wrongful death case, survivors are entitled to future monetary contributions from the decedent and the value of the decedent’s personal service, advice or training that would have been given had he or she lived.
Who can bring a wrongful death case?
Louisiana law designates certain survivors who are entitled to bring a wrongful death case. If the person who died (the decedent) was married, the spouse at the time of death may bring a lawsuit. If the decedent also had children, the children may bring a lawsuit as well.
If the decedent had no wife or children, then the decedent’s parents are allowed to bring a lawsuit.
If the decedent has no surviving children or parents, brothers and sisters are entitled to bring a wrongful death action.
If a young child dies, the parents are entitled to bring a wrongful death action.
Who may bring a wrongful death action in any particular case may be complex, so it is best to consult with an attorney.
Choose a Lawyer Who Truly Cares About Your Wrongful Death Case
While you're likely still grieving and picking up the pieces after losing a family member, it's important to act now to get the compensation you deserve. Your loved one deserves that justice, and your family members need financial support to maintain their quality of life after this loss.
At Wright Gray, we understand that pain, and we're ready to fight for you so you can work through it. We know what a difficult time this can be, so we're ready to fight for you and your family and for the compensation you need to carry on with your life.
Contact a Wrongful Death Attorney at Wright Gray Law Firm at 504-500-0000 or complete the online contact form.
Contact a New Orleans Wrongful Death Attorney at Wright Gray Law Firm Today
If you're not sure about your case, or if you're ready to begin working with us, contact us for a free consultation with a New Orleans wrongful death lawyer. We understand that these can be tough decisions, so we'll walk you through what we can do for you before you ever sign a thing.
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Wright Gray Trial Lawyers - New Orleans Office
201 St Charles Ave Suite 2710
New Orleans, LA 70170
P: 504-500-0000
