New Orleans Wrongful Death Lawyer

New Orleans Wrongful Death Attorney

People are supposed to act with care. If they don’t, it can end with people getting hurt or even passing away. If this happens, the law allows for the family members of the late relative to get justice. Insurance companies and defense lawyers don’t wait, so it’s important to work with a New Orleans wrongful death lawyer as soon as possible.

The team at Gainsburgh, Benjamin, David, Meunier & Warshauer, L.L.C. has the knowledge and experience you can count on when you need it the most. Our experienced personal injury lawyer in New Orleans knows how difficult a wrongful death claim can be both within the family and within the legal system. Our team treats our clients as if they were our own family and handles these types of cases with empathy and compassion.

How Do You Prove Wrongful Death?

Wrongful death claims often involve large amounts of money, requiring a large amount of proof. Wrongful death claims usually require the following:

• The victim died because of someone else’s actions: Even if the actions were unintentional, they could still count if they led to someone’s death. Most commonly, these actions include things like car accidents or work accidents.
• The act was careless or reckless: There is a standard of care that must be met in certain instances. For example, a doctor must follow a certain standard of care for their patients. If they do not, it can be considered negligence, which leads to wrongful death.
• The person has a right to file: Only certain people have the right to file a wrongful death claim. They usually must be a family member of the deceased. Cases that are filed by other individuals will likely be thrown out.
• The death caused harm: The death must have caused tangible harm to the family involved. This can usually be easily proven through bills, but can also be proven through testimony. Victims often leave a real absence after their deaths, which can show the value of the claim.
• The claim was filed on time: In Louisiana, there is usually a one-year time limit for wrongful death cases. This means that the family filing must act within a year after the accident or a year after the person died. The state is strict on this deadline.

If the late victim was part of the 61% of New Orleans residents in the workforce, their wages can make a real impact on the household. These damages can likely be accounted for in a wrongful death claim.

Who Can File a Claim

There are specific rules for who can file a wrongful death claim to make sure compensation goes to people who are most affected by the individual’s death. If the victim was married or had kids, those individuals can file first.

Otherwise, parents can file on behalf of their child. Siblings and grandparents might be able to file if there are no other individuals available to file a claim. Regardless of who files, only one group can file for the victim.

What Can Be Recovered?

Wrongful death claims can’t bring the person back, but they can help the family move forward with their lives. The average household in New Orleans has 2.34 people, so there are usually individuals affected by the tragedy.

Damages in a wrongful death claim fall into two main categories: concrete damages and intangible damages. Concrete damages are usually explicit and come from lost wages, medical bills, and funeral expenses.

More intangible damages might require a professional to calculate. Things like the pain a person felt before dying or the emotional support the victim gave to their family are harder to evaluate. A spouse may claim for the loss of companionship, and children might lose guidance from their lost parent. These damages are still important to include in a claim.

Filing Deadlines and Time Limits

There is a short deadline for filing a wrongful death claim that usually only gives family a year to file. If the claim is filed late, the court can dismiss it without even reviewing the facts of the case.

There are some exceptions, but they are few and far between. For example, if the individual who died was a minor, the deadline might extend. This could also apply to certain situations where the individual’s death was not immediately known. Either way, those interested in filing should avoid waiting to file to make sure it’s on time.

FAQs About New Orleans, LA Wrongful Death Law

New Orleans Wrongful Death Lawyer

Wrongful death claims will never return a loved one to you, but it can help make up for the loss you experienced due to another’s negligence. The financial support from a wrongful death claim can help a family repair after a tragedy. If someone caused the death of someone close to you, schedule a consultation with Gainsburgh, Benjamin, David, Meunier & Warshauer, L.L.C. to start the conversation.