Wrongful Death

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New Orleans Wrongful Death Attorney
Compassionate Advocacy When You Need It Most
Helping Families Seek Justice After a Tragic Loss
Losing a loved one is always devastating, but when their death was preventable and caused by someone else’s negligence or recklessness, the pain can be even more overwhelming. Whether it’s due to a careless driver, a property owner’s neglect, or another party’s irresponsible actions, these losses demand justice. Our wrongful death attorneys are here to provide support, pursue accountability, and secure compensation to ease your family’s financial future.
While no settlement can bring back your loved one, a successful wrongful death claim provides answers and closure. It can also lead to changes that prevent similar tragedies. Our experienced personal injury team understands the importance of securing justice and a sense of purpose from such a difficult experience.
What Is a Wrongful Death Claim?
Wrongful death claims arise when someone’s negligent, reckless, or intentional actions result in another person’s untimely death. Under state law, surviving family members can file a claim to recover for the losses caused by the death. Additionally, the deceased person’s estate can file to cover expenses such as medical bills, funeral costs, and compensation for the pain and suffering endured by the deceased before passing.
Survival Actions: Additional Avenues for Justice
Separate from wrongful death claims, survival actions allow the victim’s estate to recover damages for the suffering and financial losses experienced before death. These claims are particularly relevant when the victim endures significant pain or injury before passing. Any compensation recovered through a survival action is distributed through the deceased’s estate according to their will or state inheritance laws.
Wrongful death claims and survival actions may differ in purpose and available damages, but both are essential tools for ensuring full and fair compensation. An experienced wrongful death attorney can evaluate your case and advise on the best approach to maximize recovery.
When Is a Death Considered Wrongful?
A wrongful death occurs when negligence, recklessness, or intentional misconduct leads to a fatality. This could include criminal actions, such as an assault, or civil negligence, such as failing to uphold safety standards. Whether or not criminal charges are filed, families still have the right to pursue a civil claim for compensation.
Common Causes of Wrongful Death
Wrongful death cases can stem from many scenarios, including:
- Car accidents
- Slip and fall injuries
- Truck collisions
- Dog attacks
- Motorcycle accidents
- Nursing home neglect
- Premises liability issues
- Fires or explosions
- Boating mishaps
- Pedestrian accidents
Any preventable fatality caused by negligence or misconduct may justify a wrongful death lawsuit. An experienced attorney can evaluate your situation to determine liability and help you take legal action.
Damages in a Wrongful Death Case
The loss of a loved one has profound emotional and financial consequences. While monetary compensation cannot replace the person you’ve lost, it can help ease the burden of moving forward. In Louisiana, families may recover damages for the “full value of the life” of the deceased, including:
- Economic Contributions: Lost wages, benefits, and services the deceased would have provided.
- Household Contributions: The value of tasks performed by the deceased, such as childcare or home maintenance.
- Intangible Losses: Companionship, guidance, and the joys of shared experiences.
Louisiana courts interpret the “value of life” broadly, including the deceased’s ability to enjoy life and their relationships. An experienced wrongful death attorney will use economic data and legal precedent to present the most comprehensive case for compensation.
The deceased’s estate can also recover damages for medical expenses, funeral costs, and any outstanding bills, with remaining funds distributed according to the will or state law.
Who Can File a Wrongful Death Claim?
Louisiana law designates specific family members who may file a wrongful death claim, including:
- Spouses
- Children
- Parents
- The personal representative of the deceased’s estate
Compensation is distributed among surviving family members based on state guidelines. For example, a spouse typically receives at least one-third of the recovery, with the remainder divided among children. Claims filed by the estate prioritize settling debts before distributing any remaining funds to heirs.
Timelines for Filing Wrongful Death Claims
Wrongful death lawsuits must be filed within two years of the date of death, while survival actions must generally be filed within two years of the underlying injury. Missing these deadlines can forfeit your right to recover compensation, so it’s crucial to consult an attorney promptly.
We’re Here to Help During This Difficult Time
The loss of a loved one is an emotional and financial burden, and navigating the legal process can feel overwhelming. Let our experienced wrongful death attorneys handle the legal complexities so you can focus on your family. We’ll investigate the circumstances, gather evidence, and deal with insurance companies to ensure your case is as strong as possible.
Our firm works on a contingency fee basis, meaning you pay nothing upfront. Our fees are only collected from the recovery we secure for you.
Begin Your Journey Toward Justice Today
If you’ve lost a loved one due to someone else’s negligence or misconduct, let us help you find the closure and compensation your family deserves. Contact us online or call (504) 822-8350 for a free consultation. Together, we’ll fight for justice and honor your loved one’s memory.
Request A Case Evaluation
The Council Law Firm is your online guide to legal information and services.
We invite you to request a free case evaluation by filling out our request form.