Cueria Law Firm, LLC

New Orleans Wrongful Death Lawyer

Nothing can be more devastating than losing a loved one in an accident caused by negligence. If you lost a loved one in a fatal accident, you could recover wrongful death damages. A wrongful death lawyer in New Orleans will help you file a strong claim.

Cueria Law Firm has over 100 years of combined legal experience serving injury victims and their families. As New Orleans personal injury lawyers, we serve the entire Louisiana Parish. We focus our efforts on helping families receive compensation for the loss of a family member. Call today for a free initial consultation.

Our New Orleans Wrongful Death Attorneys Handle a Wide Range of Cases

Over the years, we have seen the many ways in which negligence can claim lives. Each case is unique, but the common thread is that someone’s failure to act responsibly led to a preventable death. We can help you manage the legal process so you can focus on healing.

In addition to wrongful death attorneys in New Orleans, we also serve as:

Even if your loved one died under different circumstances, please still reach out to us because we might be able to help. We will closely listen to your account, investigate the incident, and create a tailored legal plan to move forward.

What Is a Wrongful Death Action?

The best way to define a wrongful death is when the negligent act of an individual results in the death of another. This can lead to a civil suit where the deceased person’s successors or estate may recover damages resulting from the death of a loved one. Liability may be imposed by a certain person’s conduct or through one’s occupation.

Generally, a wrongful death suit arises when there is a negligent accident, medical malpractice, or an intentional act, such as a crime.

The allegations in a wrongful death claim must offer sufficient facts to establish liability upon the defendant as to the cause of the decedent’s death.

Our Louisiana wrongful death attorneys have experience in helping families file claims and are ready to assist if you have experienced a loss as well. Cueria Law Firm can review your case and determine if you can file a claim based on the cause of loss as well as your relationship with the deceased.

What Qualifies as a Wrongful Death?

The term wrongful death is broad but does cover certain types of incidents. Not every incident will be defined as a wrongful death.

Examples of wrongful death can include:

  • Car accidents due to texting, drunk driving, or other negligent behavior
  • Workplace accidents due to supervision issues or lack of training
  • Assault or attack that led to the death of an individual
  • Medical malpractice
  • Drowning accident due to premise liability or property damage
  • Defective product that resulted in death

The type of fatal accident impacts the course of a wrongful death claim, as each situation involves different legal factors. For example, in a car accident case, proving negligence might require examining traffic laws, while defective product cases may focus on manufacturer liability.

Do I Have a Wrongful Death Claim?

In general, a wrongful death claim can be made when the negligence or intentional act of an individual, business, or entity causes the death of a person. There are laws in place to provide an outlet for legal recourse when a family member lost a loved one in a fatal accident.

What if My Deceased Loved One Was Partially at Fault?

Louisiana is a comparative fault state. This means that even though the deceased may be partially at fault for their death, a dependent of the individual may still bring up a case against the other person or entity responsible for the death.

Your recovery will be bound by the percentage the deceased was at fault for their death. For example, if the deceased were found to be at 50% fault for their death, and those who brought up the case were awarded $750,000, the end award would be $375,000.

Our wrongful death lawyers can determine how Louisiana’s comparative fault rule impacts your wrongful death damages.

Wrongful Death Damages in New Orleans

If an accident is qualified as an incident involving wrongful death, it does not mean that you qualify for a claim. Only certain people have the right to file a wrongful death claim to recover damages for their loss. Louisiana’s Civil Code Article 2315.2 for wrongful death actions sets out the proper parties who may bring a wrongful death action in Louisiana:

If a person dies due to the fault of another, suit may be brought by the following persons to recover damages which they sustained as a result of the death:

  1. The surviving spouse and child or children of the deceased, or either the spouse or the child or children.
  2. The surviving father and mother of the deceased, or either of them if he left no spouse or child surviving.
  3. The surviving brothers and sisters of the deceased, or any of them, if he left no spouse, child, or parent surviving.
  4. The surviving grandfathers and grandmothers of the deceased, or any of them, if he left no spouse, child, parent, or sibling surviving.”

Thus, pursuant to the Wrongful Death Act, a wrongful death action may be brought by the surviving spouse, children, and the parents, brothers and sisters, and grandparents of the decedent.

These categories are strictly construed by courts. Additionally, those related in the above degrees by adoption are treated the same under Louisiana law.

However, important to consider is that the descendants of the decedent have the right to bring an action for damages resulting from the wrongful death of a parent, but for any children who are not filiated to their parent, he or she must prove by clear and convincing evidence that the parent had informally acknowledged them during his or her lifetime.

Losing a loved one due to another’s negligence can be difficult. Although it is hard to make any family whole again after the untimely loss of a loved one, Louisiana laws ease financial burdens on surviving family members.

Damages are meant to compensate the decedent’s relatives for their losses.

Wrongful death action damages compensate for economic and noneconomic losses:

  • Loss of love, affection, companionship, care, guidance, and emotional support
  • Medical bills, including hospital bills
  • Funeral expenses
  • Loss of earnings and benefits
  • Loss of the value of the services provided by the decedent to the household
  • Day-to-day expenses
  • Pre-death pain and suffering
  • Grief and anguish, suffered in the past, as well to be suffered in the future

There is no cap on the damages in a Louisiana Parish wrongful death suit. However, there is a statutory cap for medical malpractice suits.

After reviewing your claim, a New Orleans wrongful death lawyer can explain in more detail how state laws impact your compensation.

Who Can File a Wrongful Death Claim in New Orleans?

Only certain people have the right to file a wrongful death claim to recover damages for their loss. Louisiana’s Civil Code Article 2315.2 for wrongful death actions sets out the proper parties who may bring a wrongful death action.

The following surviving family members may file a wrongful death lawsuit in this order:

  • The spouse and child or children
  • The father and mother of the deceased
  • The brothers and sisters of the deceased
  • The grandfathers and grandmothers

Courts strictly construe these categories. Additionally, those related to the above degrees by adoption are treated the same.

Determining who is allowed to file a wrongful death claim may be difficult, so contact a wrongful death attorney in New Orleans to discuss the best course of action for you and your case.

The descendants of the victim have the right to bring an action for damages resulting from the wrongful death of a parent.

However, any children who are not affiliated with their parents must prove by clear and convincing evidence that the parents had informally acknowledged them during their lifetime.

You Have a Limited Time to File a Wrongful Death Lawsuit in Louisiana

In Louisiana, a wrongful death lawsuit must be brought within two years of the victim’s death. A wrongful death action is potentially heritable, but its inheritance neither interrupts nor prolongs the prescriptive period.

If you are considering bringing a wrongful death suit, you should contact an attorney. A family can lose their right to bring a lawsuit entirely if it is not brought within the statute of limitations. The sooner you call us, the more time we can spend working on your case. Also, if we can access fresh evidence before it is lost or destroyed, we can strengthen your claim.

Call an Experienced Wrongful Death Lawyer in New Orleans

The burden of losing a loved one is enough for you to have to handle; let an experienced lawyer worry about your case. Our attorneys have handled wrongful death cases in Louisiana for 35+ years. You can trust us to advocate for your best interest and negotiate for the maximum settlement amount.

We will fight to get you fair compensation for the wrongful death of your loved one so that you can focus on healing.

Contact Cueria Law Firm today to get a free consultation so we can assess your unique case and help you figure out the next steps.

New Orleans Car Accident Lawyer

Caused by someone who was negligent in how they were driving, their vehicle was not properly maintained or they were texting and driving which led to your loved ones death.

New Orleans Truck Accident Lawyer

Semi trucks cause approximately 5,000 deaths  every year. Driver fatigue, improper maintenance and distracted driving are among the top reasons.

New Orleans Work Place Accident Lawyer

On average, 5000 people die each year due to an accident at their job. Improper safety measures, equipment failures or transportation accidents.

Frequently Asked Questions About New Orleans Wrongful Death Claims:

The best way to define a wrongful death is when the negligent act or intentional act of an individual results in the death of another. Laws exist to provide legal recourse for the family members who suffered the loss of a loved one to file a claim. In each state, wrongful death claims exist. Our Louisiana wrongful death attorneys have experience in helping families file claims and are ready to assist you if you have experienced a loss as well. At Cueria Law Firm, our New Orleans wrongful death lawyer can review your case and determine if you have the ability to file a claim based on the cause of loss as well as your relationship to the deceased.

The term wrongful death is broad but does cover certain types of incidents. Not every incident will be defined as a wrongful death. Examples of wrongful death can include:

  • Car accident due to texting, drunk driving or other negligent behavior
  • Workplace accident dues to supervision issues or lack of training
  • Assault or attack that led to the death of an individual
  • Doctor malpractice
  • Drowning accident due to premise liability or property damage
  • Defective product that resulted in death
  • Day-to-day expenses
  • Funeral and burial expenses
  • loss of income
  • Bills
  • Mortgage
  • loss of companionship
  • Pre-death pain and suffering
  • Medical expenses incurred prior to death
  • Grief and anguish, suffered in the past, as well to be suffered in the future.

Call our wrongful death attorney New Orleans today to discuss about your case and compenstation.

  • Spouse or children of the deceased
  • If there is no surviving spouse or child, the parents of the deceased may bring up a wrongful death case.
  • If there is no surviving spouse, child, or parent, the sibling of the deceased may bring up a wrongful death case.
  • Also, if a young child dies from wrongful death, the parents of the child may bring up a case.

Determining who is allowed to bring up a wrongful death case may be intricate so contact a wrongful death attorney to discuss the best course of action for you and your case. At Cueria Law Firm, our New Orleans wrongful death attorney have decades of experience in wrongful death cases; and can help determine what fair compensation for you and your family is.

While we recommend that you contact a New Orleans louisiana wrongful death attorney immediately following the death of a loved one at another’s negligence to begin recouping your financial loses. Law states that you have one year from the death of the individual to bring up a wrongful death case.

Louisiana is a comparative fault state. This means that, even though the deceased may be partially at fault for their death, a dependent of the individual may still bring up a case against the other person or entity responsible for the death.

Your recovery will be bound by the percentage the deceased was at fault for their death. For example, if the deceased was found to be at 50% fault for their death, and those who brought up the case were awarded $750,000, the end award would be $375,000.

It is best to find an attorney to represent your case. The unwanted burden of losing a loved one is enough for you to have to handle. Our attorney has handled wrongful death cases on the gulf coast for 20+ years. We will work diligently to ensure you are fairly compensated for the wrongful death of your loved one so that you can focus on healing. Contact New Orleans wrongful death lawyer at Cueria Law Firm today to get a free consultation so we can assess your unique case and help you figure out what is right for you.

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