Wrongful Death Lawyer in New Orleans

Louisiana reported a total of 828 traffic fatalities in 2020. This number is extracted from year-by-year crash statistics published by the National Highway and Traffic Safety Administration (NHTSA). This figure is evidently higher compared to the report from the previous year.

Justice may seem farfetched in these trying times. But with the assistance of a wrongful death lawyer in New Orleans, families of the victims can attain the justice and compensation their deceased family member is entitled to.

Our wrongful death lawyers in New Orleans have a proven track record of success in pursuing claims for the families of the wrongful death victim. Call us now for a free consultation, and will work hard on your behalf for the justice your family seeks.

What Is Wrongful Death?

Louisiana Civil Code § 2315.2 defines wrongful death in the state’s law. According to this law, wrongful death may result from a negligent action, medical malpractice, or malicious act (intentional tort).

In New Orleans, family members of the deceased victim can file a claim against the person or entity responsible for their death. The family can demand financial compensation for the damages they have incurred.

Understanding a Wrongful Death Lawsuit in New Orleans

A wrongful death claim intends to recover compensation for the damages caused by the death of a loved one.

The court will not automatically award compensation to the deceased victim’s family members. The burden of proof lies on the late victim’s representative. This is where a wrongful death lawyer in New Orleans comes in.

Astute personal injury lawyers will help you understand the complexities of the legal process and further your chances of acquiring compensation.

Common Causes of Wrongful Death

Wrongful death can occur in various circumstances, but the most common causes of wrongful death in New Orleans include:

• Motor vehicle accidents: Motorcycle, truck, and fatal car accidents are the leading cause of wrongful death in New Orleans. The causes of these accidents may vary, but most are due to overspeeding, drunk driving, or distracted driving.
• Medical malpractice: Medical errors are another leading cause of wrongful death in New Orleans. These medical blunders can occur at any stage of treatment, from diagnosis to surgery.
• Workplace accidents: Workers in high-risk industries, such as construction and oil & gas, are more likely to die due to workplace accidents. But even office workers can be at risk of wrongful death if their workplace is not properly maintained.

The list above does not include all the possible causes of wrongful death. If you are unsure whether a wrongful death claim is valid, you should speak to experienced New Orleans wrongful death attorneys.

Situations That Lead To Wrongful Death

Particular scenarios are more likely to lead to wrongful death than others, including:

• A negligent driver or medical provider: If a driver or medical provider acts in a way that goes against the reasonable standard of care, they can be held liable for wrongful death.
• Using faulty equipment: If a person dies due to a defective product, the company that made the product can be held responsible under the product liability law.
• Lack of safety training at high-risk work: If an employer does not provide proper safety training to their employees, the representative can appoint the liability to them.
• A malicious intent to commit crime: If a person dies due to intentional actions (i.e., homicide), the offender can be held liable for wrongful death (intentional torts).

If your loved one suffered a wrongful death due to someone else’s negligence, you should immediately confer with a wrongful death attorney in New Orleans.

Who Can Sue for Wrongful Death in New Orleans, Louisiana?

In Louisiana, the following individuals can file a wrongful death claim:

• A surviving spouse or child of the deceased.
• The parents of the dead, if no spouse or children are involved.
• The siblings of the late victim, if there are no parents.
• The grandparents of the deceased, if there are no siblings.

Seeking the assistance of a local wrongful death lawyer may help you understand your legal options and ensure appropriate measures are taken.

How Long Do You Have to File a Wrongful Death Lawsuit in Louisiana?

According to the Lousiana Civil Code § 2315.2, representatives of the deceased victim have one year from the date of death to file a wrongful death lawsuit. Missing this timeframe means you can no longer demand financial compensation from the defendant.

Seeking the legal counsel of a New Orleans personal injury attorney near can help ensure you meet the case’s statute of limitation. Moreover, personal injury attorneys can help you retrieve valuable shreds of evidence to support your claim.

Potential Compensation for Wrongful Death

In most cases, if not all, the representative of the late victim may receive economic and non-economic damages.

Economic damages recoup the financial losses of the deceased victim’s family, such as:

• Funeral and burial expenses
• Loss of income and future earnings
• Property damages

Non-economic damages are more subjective, and they recover the non-financial losses of the deceased victim’s family. This include:

• Pain and suffering
• Loss of companionship
• Loss of consortium

The judge or a jury may award punitive damages to the defendant in some cases. The law created punitive damages to punish the defendant for their grave negligence.

How a New Orleans Wrongful Death Lawyer Can Assist You?

Hiring experienced personal injury lawyers can improve your chances by:

• Conducting an in-depth case investigation: A New Orleans wrongful death lawyer will carefully analyze your claim and look at every possible case angle. They will also collect evidence to strengthen your wrongful death claim.
• Identifying the liable parties: A lawyer will help you point out all the parties who could be held liable for the death of your loved one. Identifying the responsible party can be highly challenging if a third party is involved (e.g., in commercial trucking accidents).
• Calculating the value of your claim: A lawyer will determine the full extent of your losses and calculate the corresponding financial compensation you are entitled to recover.
• Negotiating with the insurance company: The insurer will likely try to lowball you on the settlement offer. A lawyer can help you negotiate a fair amount.
• Court representation: Wrongful death cases don’t always settle out of court. If this is your case, a lawyer will represent you in court and help you prove your claim.

Contact Your New Orleans Wrongful Death Lawyer’s Office Today

Our New Orleans wrongful death lawyer in Big Easy Accident Lawyer has extensive years of experience in protecting the rights of more than 180 families across New Orleans. If you are looking for a trustworthy and compassionate personal injury lawyer near New Orleans to help with your wrongful death lawsuit, look no further.

Call our law firm now at (504) 565-2423 or use our online contact form to schedule your free initial consultation with our personal injury lawyer.