Losing a family member can be a traumatic and overwhelming experience. However, when the death of a loved one occurs because of a preventable accident or the wrongful actions of another party, anger and frustration often accompany grief. Therefore, family members seeking justice for their loved ones may want to consider filing a New Orleans wrongful death claim.
What Is a Wrongful Death Claim?
A wrongful death claim arises when someone dies because of another party’s negligence or wrongdoing. In personal injury cases, wrongful death claims can arise from situations involving:
- Car crashes
- Truck accidents
- Motorcycle crash
- Pedestrian accidents
- Bicycle accidents
- Violence and assaults
- Premises liability claims (slip and fall accidents)
- Injuries caused by defective products, including defective medical equipment and dangerous drugs
If another party causes a person’s death, it could give rise to a New Orleans wrongful death claim.
Who Can File a Claim for Wrongful Death in Louisiana?
Louisiana laws dictate who may file a wrongful death action. Only certain relatives have the right to file a wrongful death claim.
A person’s surviving spouse and children have priority for filing a claim. Next, the parents may file a claim if the person was unmarried and did not have any children. After that, brothers and sisters are next in line to file a claim if the person’s parents are deceased and there are no spouse or children. Grandparents would follow next in line to file a claim.
If the person did not have any of the above surviving relatives, the personal representative for the estate could file a wrongful death claim. The compensation received for the claim would be distributed according to the person’s will or the Louisiana intestate laws.
What Compensation Can a Family Receive After a Family Member’s Death?
Damages for a wrongful death may include:
- Medical bills incurred between the injury date and date of death
- The deceased’s loss of income through the anticipated retirement age
- Burial and funeral costs
- Pain and suffering the deceased experienced before death
- Loss of contributions to the household
- Loss of companionship and guidance the family experiences
No amount of money can replace a loved one or ease the pain and grief family members experience. However, filing a wrongful death claim can provide the family with funds to help with expenses and bills. Filing a claim can also hold the person responsible for your loved one’s death accountable for negligence and wrongdoing.
Call Now for a Free Consultation with a New Orleans Wrongful Death Lawyer
Your time to file a wrongful death claim is limited by Louisiana’s statute of limitations. Do not delay contacting our office to discuss your case. Attorney Fred Olinde and the legal team at The Olinde Firm aggressively fight for justice for families who have lost a loved one.
Call (504) 587-1440 or 1-800-587-1889 now to schedule your free consultation with a New Orleans wrongful death attorney.