New Orleans Wrongful Death Claim
Families can be affected economically and emotionally by the loss of a loved one. Whether accidental or criminal, unexpected deaths place a family in a difficult position. As well as grieving, they also need to plan for the future after a loved one passes away. A claim for damages can only be filed within a short period of time by the family of someone killed in a wrongful death under Louisiana state law.
The Olinde Law Firm deals with your case with the compassion you deserve to hold the at-fault party responsible. Although it won’t help with your suffering, it can bring a sense of justice by knowing the negligent party is being held responsible.
Accidents That Can Lead to Wrongful Death
A wrongful death occurs when someone dies because of another person’s or entity’s fault. While this can be another individual, it can also include negligence in other ways, including an intentional act. Following are some ways in which a fatality occurs where the family may place a wrongful death claim:
- Traffic accidents, including cars, trucks, motorcycles, pedestrians and bicyclists
- Premises liability, including slips and falls
- Medical malpractice
- Nursing home abuse or neglect
- Defects in products
- Work accidents and hazards
- Intentional acts such as shootings or others
Filing an Action for Wrongful Death
Under Louisiana Civil Code 2315.2 (A), the following persons may file a claim for wrongful death to recover damages for the loss of their loved one:
- Spouse and children of the decedent
- Parents of the deceased
- If no spouse, children or parents survive, the grandparents may place a wrongful death claim.
Compensatory Damages in a Wrongful Death Claim
In a wrongful death claim in Louisiana, the surviving family members may recover both economic and non-economic damages, which are explained below:
Economic damages are those where the value can be calculated. After a death of a family member or loved one, there are a number of costs that the survivors incur, including:
- Medical expenses as well as the cost of the funeral and burial
- Loss of income until the deceased’s age of retirement, which includes their benefits such as pension and insurance.
- Lost inheritance that beneficiaries would have received is recoverable.
Non-economic damages have no set monetary value. They represent the emotional and psychological damage caused by the death such as:
- Emotional pain and anguish caused by the loved one’s death
- Loss of consortium, companionship and love
- Loss of the enjoyment of life
Recovery of Punitive Damages
In rare instances, punitive damages may be requested by the family. Punitive damages are in addition to the economic and non-economic compensation and are awarded on behalf of the deceased person. In order to claim punitive damages, it has to be shown that gross negligence or an intentional act was the cause of the loved one’s demise.
Olinde Law Firm – Wrongful Death
If you lost a loved one to wrongful death in the New Orleans area, the Olinde Law Firm can collect the evidence needed to support your claim to recover compensation. Call us at (800) 587-1889 for a free consultation to have your case reviewed and discover options to recover damages. We can also be reached online if you prefer.