How to File a Louisiana Wrongful Death Claim in New Orleans
Posted in Wrongful death on December 12, 2019
A wrongful death claim is a civil action that family members of deceased family members can file based on allegations of another’s negligent actions. It can stem from an accident, medical malpractice, or the use of defective products.
There is compensation available to the decedent’s survivors for their financial, emotional, and future losses. However, wrongful death claims are subject to Louisiana laws, which means that loved ones may find it helpful to understand what to expect as well as how to pursue them.
If you think your loved one’s passing was caused by negligence, you can discuss your claim with a New Orleans wrongful death attorney. He or she will seek civil redress on your behalf through insurance negotiations or a civil lawsuit.
As you consider your options, the information below provides important information that you can use to evaluate your options.
Recognize the Elements of a Wrongful Death Claim
Wrongful death lawsuits are the result of a wide range of situations. Therefore, it is difficult to provide an exhaustive list of wrongful death actions since there are virtually unlimited ways in which they can occur.
However, there are a few elements that all wrongful death claims share:
- Your loved one passed
- His or her death was caused you losses
- The person who caused it had a duty of care toward him or her
- The persona negligently breached that duty of care
The most common wrongful death cases are the result of car accidents, medical malpractice, defective products, and workplace accidents. If you wonder if you have a wrongful death claim, given your personal circumstances, discussing your possible claim with a New Orleans wrongful death attorney can help you learn more about the options available to you.
Understand the Parties Who Can File a Wrongful Death Claim
Under Louisiana civil codes, courts limit the ability to file a claim based on your relationship to the deceased party. Therefore, it is essential to understand if you are permitted to file a claim based on this element. Louisiana laws identify the individuals, who are eligible to file a claim:
- Surviving spouse and children
- Surviving parents, if no spouse or children
- Surviving siblings, if no parents
- Surviving grandparents, if no siblings
As you can see, the laws are clear regarding who can file an actionable wrongful death claim. If you have specific questions or unique situations surrounding the relationship to your loved one and simply want to find out if you can file a claim, contact a New Orleans wrongful death attorney for more information. He or she may have solutions that help you determine your alternatives.
Consider the Financial Compensation for Wrongful Death Survivors in Louisiana
Discussing financial redress may seem like a sensitive topic after your loved one’s passing. It is a sentiment and concern that makes sense since it seems tough to think about money after a devastating accident. However, there is also a good reason why Louisiana laws allow for wrongful death claims.
Our system predicates itself on preserving an individual’s right to life, liberty, and happiness. A proven wrongful death claim falls under this constitutional doctrine, which means that you have every right to pursue a claim with a clear conscious.
You can hold negligent parties responsible for compensation related to the following:
Financial Losses
Under a Louisiana wrongful death action, you can file a claim for your actual financial losses. Your New Orleans wrongful death attorney will track and compile your invoices, receipts, and bills that related the out-of-pocket expenses related to your loved one’s death.
In general, the most common types of requests involve:
- Medical expenses
- Funeral costs
- End-of-life care
- Lost earnings, from treatment
While the above-referenced list is not entirely exhaustive, it gives you a general sense of typical financial awards given in a prevailing wrongful death claim. In addition to financial losses, there is compensation available for your emotional and future losses.
Emotional Losses
Surviving the life of a family member carries the significant emotional weight that Louisiana civil courts recognize. While it is a more challenging element for which judges assign value, you can file a claim for your emotional losses, including:
- Pain and suffering
- Mental anguish
- PTSD
- Depression
- Anxiety
- Loss of companionship
Your attorney can help you estimate what to request based on all of the facts of your case. Keeping track of your emotional damages by journaling, witness accounts, and expert testimony assist you in proving them.
Future Losses
Courts also recognize the future impact that a loved one’s death has on his or her survivors and provides legal redress opportunities under this area of loss, as well. If your family member was working and contributing to household expenses, then you can receive loss of income compensation based on a few factors:
- Average income level
- Work and education background
- Medical history
- Age
Judges consider these elements since they need to accurately assess the contributions that your loved one was making, as well as ensure that you and your family members are receiving a fair award on future expectations. Your attorney will help you compile the documentation and evidence necessary to request financial compensation for your future losses resulting from your loved one’s death.
Contact The Law Office of John R. Redmann, LLC for More Information
While money cannot make up for your losses entirely, pursuing a wrongful death claim can help you cover your expenses while holding responsible parties accountable for their actions. A New Orleans wrongful death attorney at the Law Office of John R. Redmann, LLC, will diligently stand by your side every step of the way when you work with us.
There are deadlines—or a statute of limitations—on your ability to file a claim, which means that it is vital you contact a member of our team as soon as possible. The circumstances surrounding your case determine what those deadlines are, and we can help you establish a practical timeline.
Schedule your no-obligation case evaluation for free with our legal professionals by calling (504) 500-5000 or sending a request via our contact form. Hablamos español.