Wrongful death occurs when a person is killed due to negligence by another person. Those who were dependent on or were a direct beneficiary of that person may be entitled to financial compensation as a result of that wrongful death.
Coping with your loss is more than enough to handle without worrying about the legal aspects of filing a lawsuit. If you have a loved one who passed away as the result of another party’s negligence, wrongful death lawyers in New Orleans can help you understand your rights.
Situations that Lead to Wrongful Death
It is important to know who can collect wrongful death damages in a survival action. The first step in the process of determining a wrongful death lawsuit is identifying the cause. Some of the more common situations for wrongful death are:
- Vehicular accidents: Additional parties such as the automobile manufacturer and commercial shipping company could be also held responsible for your accident.
- Emergency room medical malpractice: One of the more common wrongful death lawsuits stems from an emergency room, including misdiagnosis of health conditions, performing errors during surgery, or discharging a patient prematurely.
- Anesthesia malpractice: If, during the process of performing their duties, an anesthesiologist mistakenly administers a fatal dosage, they could be found legally responsible.
There are other situations that can lead to wrongful death, but these are three of the most common. Whether your situation falls into one of these categories or another one entirely, a New Orleans wrongful death lawyer can help you begin the process to obtain compensation.
For a free legal consultation with a Wrongful Death lawyer serving New Orleans, call 800-537-8185
How to Prove Negligence in Wrongful Death Cases
Proving negligence in a wrongful death claim works the same way as in a personal injury lawsuit. Your attorney can help you identify the negligent party, establish their breached duty of care to the victim, and then provide evidence of the full extent of the losses resulting from the death. Some examples of this would include:
- A surgeon who made a mistake during surgery due to negligence, and the patient died because of it
- A driver who runs a red light and hits and kills a pedestrian
- An armed assailant who robs a person at gunpoint and accidentally kills the victim
Potential Compensation for Wrongful Death
Each state has ordinances that allow the heirs in a family to file a wrongful death lawsuit if another party’s negligence caused the death of a loved one. There are factors that the courts could take into consideration when they hear a wrongful death lawsuit. Some damages a family member of the deceased could receive include:
- The salary of the person who has passed away
- Any potential savings that a person may have accumulated
- Any expenses that were incurred by the surviving heirs
- Medical and funeral costs
- Loss of companionship
While it can be difficult to think about monetary claims in the wake of losing a loved one, protecting your rights during the legal process is essential. Our compassionate attorneys are happy to help clients seek damages in wrongful death cases.
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A New Orleans Wrongful Death Lawyer Can Help
In the state of Louisiana, the statute of limitationson wrongful death cases is approximately one year. The one year timeframe does not necessarily begin immediately at death. The clock on the statute of limitations can be reset by the discovery of new pieces of relevant information. This may include:
- Someone making a deliberate effort to conceal information about the cause of death
- The use of products that were found to be defective
- The death is ruled to be from natural causes, but evidence of medical malpractice comes to light
Understanding your rights in complicated legal matters like these can be difficult. Your wrongful death lawyer in New Orleans can assist you throughout the process and help you meet the necessary deadlines to ensure that your case stays active and prevent it from being jeopardized.
Who Can File a Wrongful Death Claim in Louisiana?
Wrongful death claims in the state of Louisiana can be filed by the following family members of deceased:
- The spouse and/or children of the deceased
- The mother and/or father of the deceased if there is no surviving spouse or children
- A brother and/or sister of the deceased if there is no surviving spouse, children, or parent
- A grandparent of the deceased if the deceased left no surviving spouse, child, parent, or sibling surviving.
Family members who have lost a loved one unexpectedly due to another party’s negligence can turn to a wrongful death attorney for details on their legal rights to justice and compensation.
Call a New Orleans Wrongful Death Lawyer Today
Our team at Morris Bart can help you determine whether or not pursuing a wrongful death lawsuit is something you should consider. We will work to provide a guiding hand throughout the process, explaining your legal rights throughout.
Don’t go it alone. Call a New Orleans wrongful death lawyer from our firm today to schedule your free consultation. We will fight to protect your rights during this difficult time.
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