Everything You Need to Know About a Wrongful Death in New Orleans

Coping with a New Orleans wrongful death is a devastating experience for family members. This is especially true if the death happens due to a negligent or intentional act. Family members face grief and depression as they try to cope with the loss of someone they loved. 

By filing a wrongful death lawsuit, the family is letting the negligent party know what they did was wrong and claiming justice for the decedent. In addition, the family can gain financial compensation for their loss, making it possible to pay household expenses without the support their loved one provided and funeral and burial costs. 

Reasons for a Wrongful Death

The following are some of the most common reasons for a wrongful death lawsuit:

  • Medical malpractice: The hospital, physician and other medical personnel can be held liable for the loss of a loved one. Under Louisiana statute section 40:1231, the damages in a medical malpractice case are limited to $500,000 aside from future care costs, which are not subject to this restriction.
  • Traffic accidents; These represent the biggst reason for a wrongful death claim. It can involve a car or truck accident or an assault. Whether the intentional harm is considered a crime and the perpetrator convicted or not, it is possible to file a wrongful death lawsuit. In all such accidents, the lack of duty of care is key to the claim. 
  • Defective products: According to the U.S. Consumer Product Safety Commission, numerous people die each year due to a product that is defective. 
  • Government negligence: Government agencies are responsible for the safety of every citizen. When the agency fails to provide the expected care and it leads to a fatality, you can file a wrongful death lawsuit. The time limit to file the claim is different from other personal injury lawsuits. Your wrongful death lawyer will ensure that all claims are filed properly and in a timely manner.
  • Common carrier: If your loved one’s death involved the negligence of a taxi driver, bus operator or someone working for Uber or Lyft, the family could file against the negligent party or company.
  • Worker’s compensation: When an individual dies on the job, their family will receive death benefits. If the injury that led to their loved one’s demise came from a third party, it is possible to file a wrongful death claim against the outside company or individual.

Compensation  in a Wrongful Death Claim

Family members may claim compesation for damages due to the loss of a loved one such as:

  • Loss of support by the decedent, now and in the future, including the amount the decedent would earn plus bonuses and retirement funds
  • Loss of inheritance
  • Loss of consortium, which includes physical comfort, emotional support and affection the loved one provided
  • The cost of tending to household services the decedent did such as childcare, lawn maintenance and other tasks
  • Cost of funeral and burial expenses
  • Punitive damages can be allotted if an egregious act caused the accident

Who Can File a Wrongful Death Claim

The following individuals can file a wrongful death claim:

  • The spouse
  • The children of the deceased
  • The parents if the decedent did not have a spouse or children

How Do You Prove a Wrongful Death Claim

As with other types of personal injury claims, a wrongful death lawsuit requires evidence. This evidence proves that a negligent or intentional act led to the person’s demise. The following steps must be proven:

  • The negligent party owed a duty of care to the decedent
  • The at-fault party breached that duty
  • The at-fault individual or entity’s actions caused the decedent’s death
  • The family of the decedent suffered financial damage or hardship due to the loss of their loved one

The Olinde Law Firm

The Olinde Law Firm provides compassionate and experienced legal insight to families who lost a loved one. We understand the loss the family feels and the financial difficulties a loved one’s death can cause. We investigate the accident and obtain the evidence we need to bring a sense of closure to the family and the compensation they deserve.

Call us at (800) 587-1889 to schedule a free case review or contact us online. Our lawyers will examine your case and tell you your options going forward. Don’t go through this difficult time alone. We are here for you.