Wrongful Death Claims in Louisiana
Losing a loved one because of someone else’s negligence is devastating. Along with emotional pain, families often face serious financial stress. Medical bills, funeral costs, and lost income can quickly add up.
Fortunately, Louisiana law allows families to file a wrongful death lawsuit. A New Orleans personal injury attorney can guide you through this difficult process and help you pursue the compensation your family deserves.
The Basis of a Wrongful Death Claim
A wrongful death claim is a civil lawsuit. Surviving family members or the estate file it when someone dies because of another party’s negligence or wrongful act.
In short, the claim allows families to recover compensation for both financial and emotional losses.
Generally, damages fall into two main categories:
- Losses suffered by the deceased before death
- Losses suffered by surviving family members
Let’s look at each more closely.
Damages Suffered by the Deceased
If your loved one had survived, the case would likely have been a personal injury lawsuit. Since they did not survive, family members may seek damages on their behalf.
These damages may include:
Medical Expenses
Families can recover compensation for medical bills incurred before death. This includes emergency treatment, hospital stays, and other healthcare costs.
Lost Wages
You may recover the income your loved one lost between the injury and death. In addition, you may seek compensation for future income they would have earned.
Pain and Suffering
Louisiana law allows families to pursue damages for the physical pain and emotional suffering your loved one experienced before passing away.
Damages Suffered by Surviving Family Members
In addition to the deceased’s losses, surviving family members may recover their own damages.
Funeral and Burial Costs
Funeral expenses can cost thousands of dollars. A wrongful death claim can include these expenses.
Loss of Future Earnings
If your family depended on your loved one’s income, you may recover compensation for the loss of financial support.
Loss of Companionship
A surviving spouse may recover damages for the loss of companionship, care, and emotional support.
Who Can File a Wrongful Death Lawsuit in Louisiana?
Louisiana law strictly defines who can file a wrongful death claim. The right to file follows this order:
- The surviving spouse or children
- If none, the parents
- If none, the siblings
- If none, the grandparents
Adopted family members have the same rights as biological relatives.
However, Louisiana also imposes a strict deadline. Families must file a wrongful death lawsuit within one year of the date of death. If you miss the deadline, you may lose your right to recover compensation.
Therefore, acting quickly is critical.
How a New Orleans Personal Injury Attorney Can Help
Pursuing a wrongful death claim can feel overwhelming. However, you do not have to face this alone.
At Cueria Law Injury Lawyers, we have helped Louisiana families for more than 35 years. We understand the emotional and financial toll these cases bring.
Our team will:
- Investigate the accident
- Gather critical evidence
- Prove liability
- Negotiate with insurance companies
- Represent you in court if necessary
Most importantly, we work on a contingency fee basis. You pay nothing unless we win your case.
Contact Cueria Law Injury Lawyers Today
If you lost a loved one because of someone else’s negligence, you have legal options. A wrongful death claim can provide financial stability and accountability during a difficult time.
Call (504) 525-5211 today for a free consultation.
Remember, evidence can disappear and witnesses’ memories can fade. The sooner you act, the stronger your case may be.
Let us help you seek justice for your loved one.