Getting involved in an accident can be a devastating experience — especially if it results in someone’s death. The pain can be even more excruciating if your loved one’s passing is caused by the negligent acts of another person. This is called a wrongful death.
The responsible parties may be the person’s employer, medical practitioner, or even a property owner.
Accidents are inevitable, but the pain of losing someone is undeniably and excruciatingly painful.
No one can compensate a family member for the death of their loved ones. This will leave a void in their lives, and no amount of money can fix that either.
However, since there will be financial concerns involved in wrongful death cases — such as hospital bills and funeral expenses — you will need the assistance of a New Orleans wrongful death attorney. This will guide you through the process of wrongful death claims.
Wrongful death occurs when a person is killed by accident due to another entity or person’s misconduct or negligence. It is a civil action that is distinct and separate from the other criminal charges incurred by the responsible party.
The criminal prosecution will depend on the fatalities involved in the unfortunate event. Various circumstances can be filed as a wrongful death lawsuit, such as motor vehicle accidents, medical malpractice, toxic torts, criminal activities, employment accidents, or manufacturing defects.
Know that each state may follow a different wrongful death statute than another state. Contact wrongful death lawyers in New Orleans if you live there and want to file a lawsuit. These wrongful death attorneys can guide you through the statutes of your state.
According to the Civil Code of Louisiana 2315.2, if a person dies due to the fault or negligence of another, the following persons may file wrongful death and recover damages in a civil action as a result of the death:
The law follows a hierarchical system in filing a suit. For instance, if the deceased is not married and has no spouse to file the wrongful death lawsuit, the parents may file a claim before the court. Law enforcement authorities don’t need to file a criminal charge before a wrongful death lawsuit may be initiated.
This lawsuit is attached to personal injury cases and accidents. Thus, the aggrieved parties may also need a personal injury attorney to assist them during the case and the proceedings.
The following are the most common kinds of accidents and injuries that often result in a wrongful death claim:
In Louisiana, the amount of time a family member has to file suit after their loved one passes away from wrongful death is referred to as the statute of limitations, which is one year.
As long as you are a qualified surviving relative of the deceased, you may file a wrongful death lawsuit with the assistance of New Orleans wrongful death attorneys. A New Orleans personal injury lawyer can also assist you throughout the proceedings as you file for wrongful death damages.
Negligence is the main factor to prove wrongful death. Again, a wrongful death should be proven with the assistance of a New Orleans wrongful death lawyer.
First, the Louisiana police will conduct investigations into the accident — discovering facts like whether negligence was involved. They will also look into fine details such as who was involved, where the accident occurred, and when the event took place. They will immediately respond to the scene, especially in vehicle accidents.
You can then file a wrongful death case with the assistance of New Orleans wrongful death lawyers and prove the existence of negligence in court. These lawyers can also acquaint you with the personal injury claims you can file in court after losing a loved one.
The Civil Code of Louisiana Articles 3492 and 2315.2-B states that the family members of the deceased in a wrongful death accident are given a period of one year from the discovery or death to file for a wrongful death claim.
Failure to observe and follow the statute of limitations may lead to the dismissal of your case. New Orleans, personal injury lawyers are aware of this limitation and may advise you to file a case immediately with the assistance of their law firm.
Moreover, there may be exceptions to this statute, and you can discuss this with New Orleans personal injury lawyers who can guide you through the case and familiarize you with the procedures involved in the case.
Due to the intricacies of the law across various states, you will need lawyers for your case. Since you might be experiencing emotional strains during the proceedings, you need a wrongful death attorney in New Orleans to guide you through the laws and defend your case in court.
Here at Big Easy Accident Attorney, our New Orleans wrongful death lawyer will remind you of your rights and assist you in filing your case, insurance, and wrongful death claim. We value our clients’ needs and work tirelessly to claim the compensation you are looking for.
Contact us today, and we will do our best to help and serve you!