When you lose a loved one due to the negligence or misconduct of another party, it’s a devastating event that leaves you with not only emotional pain but also financial burdens. In Louisiana, the law provides a path for legal redress in the form of wrongful death lawsuits. As a New Orleans Personal Injury Attorney, I have worked with many families who have found themselves in this heartbreaking situation. This article aims to shed light on wrongful death cases in Louisiana and how a New Orleans Personal Injury Attorney can help.
The Basics of Wrongful Death Claims
Wrongful death claims are civil lawsuits brought forth by the survivors or estate of a person who has died due to the negligence or wrongful act of another. These claims serve as a way for family members to seek compensation for the financial and emotional losses they have suffered as a result of their loved one’s death.
The compensation that plaintiffs can claim generally falls into two broad categories: The losses incurred by the deceased before their death, and losses experienced by the family due to the death.
Types of Damages in Wrongful Death Claims
Damages Incurred by the Deceased
If the deceased had survived, almost every wrongful death case would have been a personal injury lawsuit. Since they did not, it’s up to the surviving family members or their representative to seek damages for losses suffered by the deceased. These may include:
- Medical expenses: Compensation can be sought for any healthcare expenses that the deceased incurred before their death, such as emergency care costs.
- Lost wages: The income that the deceased would have earned had they lived can also be recovered. This includes the income lost from the time of injury to the time of death, and the income they would have made in the future.
- Pain and suffering: The surviving family members can seek compensation for the pain and suffering that the deceased experienced before their death.
Damages Suffered by the Surviving Family
The surviving family members suffer their own damages following a wrongful death, for which they can seek compensation. These include:
- Funeral and burial expenses: These costs can run into tens of thousands of dollars, and a wrongful death claim can include damages for these expenses.
- Loss of future wages: If the family members were dependent on the deceased’s income, they could seek compensation for the loss of future earnings.
- Loss of companionship: The surviving spouse can seek compensation for the loss of companionship, which can help offset the emotional trauma they are going through.
Eligibility to File a Wrongful Death Suit
Louisiana law is very specific about who can file a wrongful death suit. The right to file a suit is restricted to:
- The surviving spouse or children of the deceased.
- If there are no surviving spouse or children, the parents of the deceased.
- If there are no surviving spouse, children, or parents, the siblings of the deceased.
- If there are no surviving spouse, children, parents, or siblings, the grandparents of the deceased.
Adopted relations have the same rights as those related by blood or marriage. However, it’s important to note that the right to file a suit does not extend beyond a one-year statute of limitation from the time of death.
Seeking Justice with a New Orleans Personal Injury Attorney
Losing a loved one is a painful experience, and pursuing a wrongful death lawsuit can seem like a daunting task. However, you don’t have to go through this process alone. A New Orleans Personal Injury Attorney can provide the support and guidance you need.
At Cueria Law Firm LLC, our experienced team of wrongful death attorneys are dedicated advocates for our clients. We understand the emotional and financial strain that a wrongful death can put on a family, and we are here to help you seek justice for your loved one.
We are committed to helping our clients collect the evidence necessary to prove the other party’s liability, negotiate with insurance companies, and represent your interests in court. Our promise is to not charge you a dime until we win your case. That’s our guarantee.
If you’ve lost a loved one due to someone else’s negligence or misconduct, don’t hesitate to contact us at Cueria Law Firm LLC today for a free consultation. Let us help you seek the justice your loved one deserves.
Contact a New Orleans Personal Injury Attorney Today
If you’ve lost a loved one due to someone else’s negligence or wrongful act, you have the right to seek compensation for your losses. As a New Orleans Personal Injury Attorney, I can guide you through the complex legal process of filing a wrongful death lawsuit.
The team at Cueria Law Firm LLC understands the pain and difficulty of losing a loved one, and we’re here to help. Contact us today at 504-525-5211 for a free consultation to discuss your case.
Remember, time is of the essence in these cases. Pursuing a wrongful death claim promptly is crucial as valuable evidence can be lost, and witnesses may become hard to locate or recall key details over time. Don’t wait – seek justice for your loved one today.
