After the Loss: Legal Options for Wrongful Death
In the face of a loved one’s sudden passing, understanding your legal rights can feel overwhelming. If you believe their death resulted from someone else’s negligence, New Orleans wrongful death attorneys can offer guidance and support during this difficult time.
Louisiana law recognizes “wrongful death” when someone’s carelessness or wrongdoing causes another person’s death. This can have a devastating impact on surviving family members. Car accidents, medical mistakes, workplace incidents, and other tragedies can all fall under wrongful death claims.
Taking a closer look at the specifics of your situation can help you determine the best course of action to seek accountability and find some closure.
Quick Summary
Below is an overview of the key points of this article.
- Wrongful death in Louisiana is defined as a death caused by the fault or negligence of another party. It is governed by Article 2315.2 of the Louisiana Civil Code, which outlines who can claim damages and the applicable legal principles.
- Wrongful death can result from various situations, including vehicular accidents, motorcycle accidents, bicycle and pedestrian accidents, workplace accidents, medical malpractice, and defective products. Each scenario highlights how negligence or wrongful acts can lead to fatal consequences.
- The right to file a wrongful death claim follows a specific hierarchy in Louisiana law, prioritizing surviving spouses and children, followed by parents, siblings, and grandparents in the absence of closer relatives.
- Louisiana imposes a one-year statute of limitations from the date of death or the discovery of wrongful death to file a lawsuit. Missing this deadline can result in the dismissal of the case, except in particular circumstances.
- Filing a wrongful death claim in New Orleans involves preparing and filing a lawsuit, conducting investigations, negotiating with insurance companies, and potentially going to trial. Damages that can be claimed include economic losses, non-economic damages like pain and suffering, and, in some cases, punitive damages.
What is Wrongful Death?
In Louisiana, wrongful death is defined as the death of an individual caused by the fault or negligence of another party. As the relative of the victim, you must understand this basic jargon.
According to Article 2315.2, when the death of a person is caused by the wrongful act, neglect, or default of another, the person who caused the death is liable to the surviving spouse and children, or if there is no surviving spouse or child, to the surviving parents or siblings.
Specific statutes and legal principles govern wrongful death claims in Louisiana. These statutes determine who can register a complaint or a claim, the damages available, and the procedures for pursuing a wrongful death lawsuit.
What Are the Situations That Lead to Wrongful Death?
The initial step in deciding a wrongful death lawsuit is finding out what caused the death. This is important because the person accused or defendant in a wrongful death case will be the one responsible for causing the death. Some of the most frequent reasons for wrongful death include:
Vehicular Accidents
If someone careless, like a drunk driver, causes a death in a car crash, the driver’s insurance company can be held responsible. Other parties, other parties, such as the car manufacturer or a shipping company, might also be held accountable.
Motorcycle Accidents
Motorcycle accidents can be hazardous, with riders facing higher risks of fatal injuries compared to those in cars. If someone else’s careless or reckless driving caused a motorcycle accident that led to the death of your loved one, that person can be held accountable for their actions.
Bicycle and Pedestrian Accidents
Bicycle and pedestrian accidents pose significant risks for people walking or biking in New Orleans. They are the most vulnerable users on the roads, and drivers don’t always follow traffic laws meant to keep everyone safe. This disregard can result in avoidable fatalities, causing devastating losses for families and communities.
Workplace Accidents
Workplace accidents in Louisiana lead to tragic deaths each year that could have been prevented. These accidents range from fires and explosions to serious falls, transportation mishaps, and equipment malfunctions.
Families left behind may qualify for financial support like workers’ compensation benefits or filing a wrongful death claim to seek justice and financial compensation for their loss.
Medical malpractice often leads to wrongful death lawsuits when healthcare providers make serious mistakes. These errors include misdiagnosing a condition, making surgical errors, or releasing a patient from care too early.
Families affected by such medical negligence may seek compensation through legal avenues to address their loss and hold responsible parties accountable.
Defective Products
Defective products can cause fatal accidents when design, production, or marketing flaws lead to serious malfunctions. In these cases, families may file product liability claims against the manufacturer or distributor for the wrongful death caused by the defective item.
These legal actions seek to hold responsible parties accountable and provide compensation for losing a loved one due to a faulty product.
Who Can File a New Orleans Wrongful Death Claim?
Determining who can file a lawsuit when someone dies in an accident can vary based on specific details. Generally, the priority for filing wrongful death suits follows a particular order, which refers to who has the legal right to sue.
- The deceased person’s spouse or children have the first right.
- The deceased person’s mother or father can file if there’s no surviving spouse or children.
- If there’s no surviving spouse, children, or parents, a brother or sister of the deceased can file.
- If there’s no surviving spouse, children, parents, or siblings, a grandparent of the deceased can file.
What is Louisiana’s Statute of Limitations for Wrongful Death Claims?
Under Louisiana Civil Code Section 2315.2, you have one year from the death or finding out about a wrongful death to file a lawsuit. If you miss this deadline, your case could be dismissed. This rule has exceptions and special circumstances, so it’s important to talk to New Orleans wrongful death lawyers about your situation.
How Can I Prove in My New Orleans Wrongful Death Claim?
Wrongful death lawsuits often involve negotiations with the insurance company or the defendant’s legal representative. Four main elements in these lawsuits are crucial for showing the other party was negligent. These elements include:
is key in wrongful death cases—it means proving that someone was careless or didn’t take proper care, which led to the person’s death. Showing negligence involves demonstrating that the responsible party didn’t act responsibly or safely, resulting in a fatal accident or incident.
This proof is crucial in holding them accountable for causing the death and seeking compensation for the family’s loss.
Breach of Duty
Breach of duty is crucial in proving a wrongful death case—it means showing that the person who caused the death had a responsibility to act carefully toward the deceased but failed to do so. This breach of duty must directly lead to the person’s death for the lawsuit to succeed.
It’s essential to gather evidence showing how the defendant’s actions or negligence violated their duty of care and ultimately caused the tragic loss.
Causation
Causation is crucial in a wrongful death case—it connects the breach of duty to how the person died. It asks whether the death directly resulted from the accident or if other factors like medical negligence played a role. Proving causation involves showing a clear link between the defendant’s actions or negligence and the fatal outcome.
This link is essential in demonstrating how the breach of duty led to the tragic loss of the deceased person.
Damages
Damages in a wrongful death case refer to the losses suffered by the surviving family members. It’s important to assess how the death has impacted them, even though it can be challenging to value these losses. Determining damages is critical to understand what compensation might be available.
This compensation could cover expenses like medical bills, funeral costs, and other financial burdens caused by the death.
What Can I Expect When Filing a New Orleans Wrongful Death Claim?
Most families aren’t familiar with what happens in a wrongful death lawsuit in New Orleans. New Orleans wrongful death lawyers can help you understand all the legal steps in filing such a case in Louisiana. Here are the main steps:
- One of the New Orleans wrongful death lawyers will assist you in preparing and filing a claim that follows all Louisiana laws.
- An investigation into your loved one’s death will begin, including interviews with family and witnesses to gather evidence.
- One or more defendants will be identified as responsible for your loved one’s fatal injury or illness in New Orleans, and they will receive a copy of your claim.
- The defendant’s insurance company may offer a settlement if they accept liability for the death.
- Your lawyer will present evidence, possibly using expert witnesses, to prove negligence and negotiate a fair settlement with the insurer.
- If a fair settlement isn’t possible or the insurer denies your claim, your lawyer can take the case to trial in New Orleans parish.
- A wrongful death trial includes the discovery phase, which can last several months, and presenting arguments and evidence to a judge and jury.
- During a civil trial, the jury decides if you have proven your case. If so, you receive a judgment. If not, your lawyer might appeal the decision.
What Damages Can I Claim From a Wrongful Death?
If you are a bereaved relative of a wrongful death victim, you are eligible to file a claim and can recover damages and compensation. In Louisiana, the following types of damages may be recoverable:
- Economic Damages. This includes compensation for financial losses resulting from the wrongful death. These may include loss of financial support, benefits, lost wages, and funeral and burial expenses.
- Non-Economic Damages. These intangible damages are not easily quantifiable in monetary terms. They may include compensation for the pain and suffering, mental anguish, and loss of companionship and guidance resulting from the death of a loved one.
- Punitive Damages. In some instances where the defendant’s conduct was particularly reckless or intentional, punitive damages may be awarded. Punitive damages are meant to punish the perpetrating party and deter similar behavior in the future.
- Survival Action Damages. In addition to the wrongful death claim, Louisiana allows for a separate survival action to be filed on behalf of the deceased person’s estate. Survival action damages are meant to compensate for the pain, suffering, and other losses experienced by the deceased person from injury until death.
What is a Survival Action in New Orleans, Louisiana?
It might also be possible for a grieving family to pursue a survival action following the unexpected death of a loved one. Louisiana Civil Code Section 2315.1 allows for the recovery of damages even after the injured person has passed away. This legal action is called a survival action.
The right to file this type of case remains valid for one year after the person’s death. Any compensation awarded in a survival action can benefit the following parties:
- The surviving spouse and children of the deceased, or one of them.
- The surviving father and mother of the deceased, if there is no spouse or children.
- If there is no spouse, children, or parents, the surviving brothers and sisters of the deceased.
- The surviving grandparents of the deceased, if there is no spouse, children, parents, or siblings.
These definitions also cover adopted family members. However, any father or mother who abandoned the deceased when they were a minor is not considered to have survived them. If these beneficiaries are unavailable, the right to seek compensation for the deceased’s injuries will go to the deceased’s estate representative.
A survival action deals with losses suffered by the deceased, while a wrongful death action focuses on losses experienced by surviving family members. Contacting wrongful death lawyers in New Orleans can help you understand your rights to pursue either claim.
Why Do I Need New Orleans Wrongful Death Lawyers?
Wrongful death lawsuits are complicated for everyone involved. There’s no denying it. Losing a loved one is emotionally challenging, and having to revisit that pain daily while preparing a case can increase the grief and stress you’re already feeling.
Partnering with New Orleans wrongful death lawyers ensures you meet all filing deadlines and eases the burden of constructing your case. Instead of navigating legal complexities alone, you can rely on experienced professionals. They can handle tasks such as:
- Discussing with other lawyers
- Keep you informed on your case’s progress
- Handling the details of your case
- Interviewing witnesses and experts
- Acting as your advocate in court if needed
- Gathering evidence to support your case
Standing With You Through the Darkness and Onto Closure and Recovery
Grief and despair can engulf every aspect of your life after a wrongful death. The loss of a loved one leaves an irreplaceable void that no amount of compensation can fill. At Hammond Law Firm LLC, we understand the depths of your pain and are here to provide your unwavering support.
Our compassionate team of New Orleans wrongful death lawyers, is committed to fighting for justice on behalf of your beloved family member. We will tirelessly advocate for your rights, hold the ‘at-fault’ party accountable, and pursue the damages you deserve.
Though our wrongful death lawyers cannot turn back time or mend your broken heart, we can stand by your side, providing guidance, empathy, and the legal knowledge needed to navigate this challenging journey. Together, let us seek solace, healing, and a sense of justice as we honor the memory of your cherished loved one.
Contact Hammond Law Firm LLC today to schedule a confidential consultation. Let us be your support in seeking justice for your wrongful death case.
