Grieving the loss of a loved one is never easy. When the death is due to another person’s or entity’s negligence, the unexpected can also bring financial burdens. If the death occurred due to negligence, you might be able to receive compensation for your pain and suffering and other damages associated with your loss.
Contact Ben Crump Law, PLLC at (800) 593-3443 for a free consultation where you can learn more about how a New Orleans wrongful death lawyer may be able to assist you. We can start on your case, and we take a fee only if we win a settlement for you.
Understanding a Wrongful Death Lawsuit in New Orleans
Anyone who has lost a loved one due to negligence or a defective product can file a wrongful death lawsuit against the negligent party. These are similar to a personal injury case, except you are representing the decedent. These are not criminal trials. In these cases, the aim is to get reimbursement for financial loss and damages associated with the person’s death.
The issue lies in proving negligence as a third party. The investigation and evidence gathering become much more complicated. However, a wrongful death attorney can walk you through the legal process and clarify how it applies to your case.
Common Causes of Wrongful Death
There are many ways wrongful death can happen. A few of the most common include:
- Automobile accidents: When a driver’s negligence causes an accident that results in a death — driving under the influence (DUI), distracted driving, aggressive driving, etc. — the surviving family members may be able to jointly file a lawsuit against the other driver.
- Medical malpractice: These cases occur when a medical staff’s actions or lack of actions show they failed to diagnose, correct, or monitor a patient, which can result in death.
- Workplace accidents: If a victim died due to a work accident, you might be able to sue the employer for negligence if they failed at their duty to provide a safe work environment for the deceased.
Possible Filers in a Wrongful Death Lawsuit in New Orleans
Louisiana Civil Code (CC) §2315.2 cites that the following survivors may be able to file a suit for compensation to cover damages associated with their loved one’s death:
- Spouse and children of the decedent
- Surviving parents of the decedent if there is no spouse or children
- Surviving siblings if there is no one of the above
- Surviving grandparents if there is no one of the above
If none of the above exists, the estate may be able to file for the deceased. Parents who abandoned the victim as a minor do not have the right to file a lawsuit on their behalf. However, direct legally adopted family members have the same rights as maternal family members.
Time Limit for Filing
According to CC §3492, a victim or family member has one year from the death or discovery of wrongful death to file a lawsuit. If you fail to file within the statute of limitations, your case has a high chance of being dismissed. There are also tolls and exceptions to this rule, which is best left to discuss with your personal injury attorney.
For a free legal consultation with a wrongful death lawyer serving New Orleans, call (800) 593-3443
How a New Orleans Wrongful Death Lawyer Can Assist You
Wrongful death lawsuits are challenging for everyone involved. There is no other way to put it. The sudden loss of a loved one is emotionally straining, and to have to relive that moment daily while building a case can add to the grief and stress you are already facing.
Working with a New Orleans wrongful death lawyer can ensure you have help with filing everything on time. This also means that you will be able to hand off the burden of building your case to legal professionals instead of trying to maneuver through the unfamiliar territory of the law by yourself.
Actions we can take for you include:
- Negotiating with other lawyers
- Updating you about your case’s progress
- Managing the logistics of your case
- Conducting witness and expert interviews
- Representing you in court if we go to trial
- Collecting the evidence needed to support your case
The Value of Your Case
Ideally, an essential part of a case is understanding the value of your losses. The value of your case also weighs in on your pain and suffering. The dedicated team at Ben Crump Law, PLLC works hard to protect your rights to get the most out of your settlement.
Contact us today for a free consultation. No case is too tough for us. We are here for you when you are ready to file.
New Orleans Wrongful Death Lawyer Near Me (800) 593-3443
Damages You Could Receive
When you file a wrongful death lawsuit, the goal is to assess financial liability for your tangible and intangible losses. These are also known as economic and noneconomic losses, which include:
- Funeral and burial costs
- Future savings (trust funds, college, home repair)
- Loss of wages
- Loss of income support from the decedent
- Loss of mentorship, companionship
- Medical bills
Your lawyer can help you calculate the value of these losses. We want to make sure the process is fair and that you get the financial award you deserve.
Contact Your New Orleans Wrongful Death Lawyer’s Office Today
Ben Crump Law, PLLC, is ready to have a New Orleans wrongful death lawyer work on your case. Understanding the complexities of the law can be overwhelming, but that is why we are here. We are your liaison for justice, protecting your rights, and serving your cause.
Contact us today at (800) 593-3443 for a free case review. We also work on contingency, so you pay only if we win a settlement award for you. Call today.