Losing a loved one is an emotional and traumatic event; however, when that death occurred because of another party’s negligence, the death also invokes feelings of anger and frustration. The fact that the death was preventable had it not been for the actions of another party can cause the pain to be almost unbearable as you struggle to understand why. Unfortunately, the “why” may never be resolved; however, The Olinde Law Firm can help you hold the responsible party accountable by filing a wrongful death lawsuit.
What is Wrongful Death?
Wrongful death occurs when someone dies because of the negligence, recklessness, or carelessness of another party. Wrongful death cases can arise from just about any type of accident including but not limited it:
- Motor vehicle accidents
- Medical malpractice
- Workplace accidents
- Birth injuries
- Nursing home neglect
- Violence and/or criminal acts
- Defective products
- Premises liability
- Defective drugs
If your loved one died because of another person or party’s acts, contact our office for a free consultation to determine if you have a wrongful death claim.
Who Can File A Wrongful Death Lawsuit in Louisiana?
Louisiana’s wrongful death laws state who can file a wrongful death lawsuit and the order of priority.
- The surviving spouse and child have the first right to file a wrongful death lawsuit under Louisiana law.
- If the deceased was not married and did not have any surviving children, the person’s parents have the second right to file a wrongful death lawsuit.
- Siblings are the next in line to file a wrongful death lawsuit if the deceased has no surviving spouse, child, or parent.
- Finally, grandparents have the right to file a wrongful death lawsuit if there are no other surviving family member with higher priority.
Is There a Time Limit to File a Louisiana Wrongful Death Lawsuit?
Yes, the Louisiana Statute of Limitations provides strict time limits to file a lawsuit for wrongful death. Most cases must be filed within one year of the date of death; however, there are some limited exceptions. It is best to contact an attorney as soon as possible to discuss a wrongful death claim. If you do not file your lawsuit before the time expires, you are barred from seeking relief from the responsible party.
What Types of Damages Can I Receive in a Wrongful Death Lawsuit?
No amount of money will ease your suffering or bring back your loved one; however, a financial award can help provide for your family as you cope with the loss of your loved one. The damages you are entitled to receive will depend on a variety of factors. In most cases, family members are entitled to receive compensation for lost income, emotional suffering, funeral expenses, and lost support. Our NoLA wrongful death attorneys can provide more information about what damages you may expect to receive in a wrongful death lawsuit.
Can A Wrongful Death Attorney At The Olinde Firm Help?
Yes, we can help you. Contact our office for a free case evaluation. We never charge you an attorney fee until and unless we win compensation for your damages and injuries. Call us today for your free legal consultation. Call (504) 587-1440 or 1-800-587-1889 to schedule an appointment with a New Orleans wrongful death lawyer.