Did you lose a family member or loved one in a fatal accident in Metairie, LA? Your family may be entitled to financial compensation from those responsible. An experienced Metairie wrongful death lawyer can help you fight to secure full compensation for medical bills, lost financial support, and the loss of your loved one’s company and support.
At the Law Office of John W. Redmann, L.L.C., our founding attorney has over 30 years of experience in personal injury law. We won’t stop until we’ve helped your family recover every dollar you deserve.
Contact our law offices in Metairie, Louisiana, call (504) 500-5000 to schedule a free consultation today with a Metairie wrongful death attorney.
How Can the Law Office of John W. Redmann, L.L.C. Help With a Wrongful Death Claim in Metairie?
As you can see, a wrongful death recovery is a complicated matter. The actions you take when filing a wrongful death claim can have a dramatic impact on the amount of money you recover. You’ll have to complete the paperwork accurately, provide strong evidence, and negotiate with cut-throat insurance companies to get a fair settlement.
These are the last things you should be worried about while grieving in Metairie, LA.
At the Law Office of John W. Redmann, L.L.C., we’ve been successfully handling cases like yours for decades. Our Metairie personal injury attorneys are here to handle all of the legal issues and help your family make the smartest financial decisions possible.
When you hire us, your Metairie wrongful death lawyer will:
- Handle all paperwork and administrative issues
- Investigate and locate evidence to prove who is responsible for your loss
- Hire experts and specialists to prove various elements of your case
- Calculate the full value of your losses, both financial and intangible
- Identify all sources of compensation
- Negotiate with the insurance companies for every dollar you deserve
- File a lawsuit to fight for the just compensation you deserve
A strong Metairie personal injury attorney can make a huge difference in your financial recovery. Contact us today to learn more about how we can help your family.
What is a Wrongful Death Claim? – An Overview
In Louisiana, special laws come into play when a person is killed due to the fault of another. While the term “Wrongful Death” is often used, Louisiana law allow two separate types of recovery for a loved one’s death. A “Survival Action” is a claim that lets certain family members recover for the injuries of their deceased loved one. A “Wrongful Death Action” is a claim that allows certain family members to recover for their own injuries – separate and apart from the injuries to the deceased. In both cases, that Plaintiff(s) has one (1) year from the death of the loved one to file a suit. This is a shorter filing period than other types of negligence claims, so it is best to hire an attorney as soon as possible to investigate and review the case and file timely.
What is a Survival Action?
When a loved one dies due to someone’s intentional act or negligence, the personal injury case that they would have brought against a defendant had they not died is called a “Survival Action”. The right to sue for the decease’s injuries is transferred to certain beneficiaries upon a victim’s death – and permits recovery only for the damages suffered by the victim from the time of injury to the moment of death. Survival actions are governed by Louisiana Civil Code Article 2315.1.
What Types of Damages are Recoverable in a Survival Action?
The type of damages recoverable in a Survival Action include:
- Mental and physical pain and suffering
- Fear and fright
- Damage to the Decedent’s property
- Loss of earnings
- Other damages sustained by the victim up to the moment of his or her death, such as medical expenses.
Sometimes the victim is injured – but does not die for days, months – or even years. Often the victim suffers greatly, and unfortunately, sometimes the injured victim is aware that they may die – or will die – from their injuries. A survival action permits recovery for all the fright, fear, and mental anguish suffered by a loved one prior to their death, no matter how long they survive until their passing, so long as the death was caused by the defendant’s actions.
What is a Wrongful Death Action?
The second type of claim Louisiana law allows when a loved one dies due to the fault of another is called a “Wrongful Death Action”, which is a separate right to recover damages that arise after a victim’s death. This recovery is to compensate the family of the deceased loved one for their own injuries. These damages start from the moment of the victim’s death and thereafter. Wrongful death actions are governed by Louisiana Civil Code Article 2315.2. Certain categories of family members of the deceased can make a claim for their own injuries suffered because of a loved one’s death.
What Types of damages are Recoverable In a Wrongful Death Action?
The type of damages recoverable in a Wrongful Death action include:
- Loss of love and affection due to a loved one’s death
- Loss of services supplied by the late family member
- Loss of financial support
- Loss of parental support and guidance
- Loss of consortium or loss of a spouse’s companionship
- Funeral and Burial costs
- Loss of employment benefits, like insurance or retirement plans
Who Can File a Survival or Wrongful Death Lawsuit in Louisiana?
The right to sue depends on which category of relative is bringing the claim. Louisiana law sets forth four categories of relatives who may bring Survival and Wrongful Death claims.
- The first category of loved ones who may bring either of these claims are the spouse and/or children (whether biological or adopted) of the deceased.
- If the deceased had no children and no spouse, then the parent(s) of the deceased are the next relatives with the right to bring either claim.
- If the deceased had no spouse, children or parent(s), then the surviving brother(s) and sister(s) can bring either claim.
- If the deceased had no spouse, children, parents or siblings, then the surviving grandparent(s) can bring either claim.
Finally, if there is no surviving spouse, nor surviving children, parents or grandparents, the appointed succession representative can make a claim for medical and funeral expenses only.
How Common Are Deadly Accidents in Louisiana?
According to reports published by Louisiana State University, 906 people were killed in fatal motor vehicle accidents across the state of Louisiana in 2022. Sadly, 30.8% of all fatal traffic accidents were alcohol-related that year.
The Bureau of Labor Statistics (BLS) reported that another 120 people were killed in fatal workplace accidents during 2022.
Every 19 minutes, an older Louisiana resident dies from a fall-related injury. About ten people die due to unintentional drowning every day.
We Handle All Types of Wrongful Death Claims in Metairie
In reality, almost any type of traumatic event can result in death if it’s serious enough. You may have a valid wrongful death case if your loved one died due to someone else’s negligent, wrongful, or criminal act.
At the Law Office of John W. Redmann, L.L.C., we handle all types of wrongful death claims, including those involving:
- Car accidents
- Slip and fall accidents
- Motorcycle accidents
- Workplace accidents
- Construction site accidents
- Poisonings
- Assault and homicide
- Firearm violence
- Defective products (product liability)
- Dangerous property conditions (premises liability)
- Pedestrian accidents
- Bicycle accidents
- Truck accidents involving large semi-trucks and 18-wheelers
- Bus accidents
- Uber or Lyft accidents
- Boating accidents
- Swimming pool accidents and drownings
- Dog bites
- Medical malpractice
- Nursing home abuse and neglect
- Negligent security
- Exposure to toxic substances
If you lost a loved one and believe that someone else was responsible, call our law firm to schedule a free case review. We’ll sit down and discuss your legal options for seeking compensation.
How Much Does it Cost to Hire a Wrongful Death Lawyer in Louisiana?
Our attorneys at The Law Office of John W. Redmann, L.L.C. work on a contingency fee basis. Like most personal injury law firms, we take our fees as a percentage of your settlement or verdict. There are never any upfront fees or hourly costs.
Can Louisiana’s Comparative Negligence Law Impact My Right to Damages If My Loved One Shares Some Blame for an Accident?
Louisiana has pure comparative negligence laws. Even if the defendant proves your loved one shared some blame, you don’t lose your right to compensation entirely. However, your compensation can be reduced according to any blame assigned to the decedent.
How Long Do I Have to File a Wrongful Death Lawsuit After Losing a Loved One in Louisiana?
As stated above, the statute of limitations in Louisiana for bringing a survival or wrongful death action is only one year from the time of the death of your loved one. Usually, if you don’t file the lawsuit within one year of your loved one’s death, you lose your right to seek compensation from the responsible parties. But there are certain exceptions. If you have any doubt, contact us immediately to see if those exceptions apply to your case.
Contact a Metairie Wrongful Death Lawyer for a Free Case Review Today
You’re grieving an unimaginable loss. Our experienced Metairie wrongful death lawyers at the Law Office of John W. Redmann, L.L.C., are here to handle the legal issues. We know the law in Metairie, LA, and we know how to get the maximum compensation you deserve. All you have to do is call for a free consultation today.
Visit Our Personal Injury Law Office in Metairie, LA
The Law Office of John W Redmann, LLC Metairie
2901 N Causeway Blvd STE 202, Metairie, LA 70002
(504) 500-5000
24/7
