We understand that there is no number to be written on a check that can ease the grieving process for your family. However, a fair and just settlement will ease the financial burden you and your family face going forward.
At Cueria Law Firm, LLC, we know the impact a loved one’s death can have on a family. The costs associated with a loved one’s sudden death and the absence of that person as a provider or support system in your family can make the grieving process more difficult than it need be.
What Qualifies As Wrongful Death?
Wrongful death claims are defined by a negligent or intentional act by one person which results in the death of another person. The term “wrongful death” is broad, and thus covers an array of accidents which result in death. Examples of wrongful death cases include:
- Auto accidents due to negligent or reckless driving, including drunk driving and texting
- Workplace injuries caused by improper training or lack of supervision
- An assault or attack which ended in death of one person
- Medical malpractice in which a doctor’s mistake led to a patient’s death
- Malfunctioning products resulting in a person’s death
Not all accidents which resulted in a person’s death are considered wrongful death cases. Consulting with a personal injury attorney who is familiar with Louisiana wrongful death cases should be the first step you take in pursuing a wrongful death claim.
An experienced wrongful death attorney will be able to review the facts of your claim, including examining medical and autopsy reports, consulting with forensic experts and reviewing past wrongful death cases which may show precedent for your claim. You can contact Cueria Law Firm, LLC, today to set up a free consultation on your wrongful death claim at (504) 525-5211.
Who Can File A Wrongful Death Claim?
Wrongful death is considered the sudden, accidental death of an individual that is not at fault for their death. In wrongful death cases, the plaintiff files a claim on behalf of their deceased loved one.
Most wrongful death claims are based on the negligence of one party resulting in the death of another. Unlike other personal injury claims, a deceased individual does not have the ability or the right under law to file a claim against the negligent party. In the state of Louisiana, the family members of the deceased have the right to file a wrongful death claim. This right is reserved for:
- The children of the deceased
- The spouse of the deceased
- The siblings of the deceased
- The parents of the deceased
- The grandparents of the deceased
- Any other dependents of the deceased
In the state of Louisiana, the right to file a wrongful death claim is first and foremost reserved for the spouse or children surviving their deceased loved one. If no spouse or child exists, the right to file a wrongful death claim will go to the parents of the deceased, then the siblings. If no parent or siblings are surviving the deceased, the right to file a claim will be reserved for the surviving grandparents.
To find out if you have a right to file a wrongful death claim following the death of your loved one, call our wrongful death attorney at Cueria Law Firm, LLC, today at (504) 525-5211.
What Damages Can I Claim In a Wrongful Death Case?
Wrongful death settlements are meant to help you maintain financial security and pay for the unforeseen expenses that come with a loved one’s sudden death.
There are two kinds of damages available to claim for in a personal injury case. Special damages are the outright cost of the injuries one person faced because of an accident which was another person’s fault. In a wrongful death case these will often cover funeral and burial expenses, medical bills incurred by the deceased, and lost wages and benefits.
General damages are harder to quantify, but have an equally significant impact on an injured person’s daily life. In a wrongful death case general damages may include the pain and suffering the deceased endured between their accident and death, the emotional and mental pain felt by their loved ones, and the loss of support felt by dependents of the deceased. These damages do not come with an outright price, so you will need an experienced lawyer to negotiate their impact in your wrongful death claim.
There is a third type of damages in a personal injury case which are punitive damages. Punitive damages are meant to punish the negligent or otherwise responsible party for their conduct. Punitive damages are often available in drunk driving accidents, in which the driver recklessly operated their vehicle while knowing it was a hazard to the safety of other drivers, passengers or pedestrians.
How Long Do I Have To File A Wrongful Death Claim?
In the state of Louisiana, the family of deceased persons have one year to file a wrongful death claim against a negligent party. However, the sooner your case is reviewed by an experienced wrongful death lawyer, the better the outcome could be. Taking the first step by contacting Cueria Law Firm, LLC for a free consultation will allow our team to start fighting for you, while guiding you through the difficult process.
Hiring an Attorney to Handle Your Wrongful Death Claim
When a loved one dies unexpectedly, life can feel overwhelming. When you retain Cueria Law Firm, LLC, to represent your family in a wrongful death claim, we will start building your case immediately. We’ll handle the insurance companies, help you set up appointments with grief counselors, and gather all the evidence, witness statements, and police reports needed to prove the negligence of the other party. Our team understands the impact a loved one’s sudden death can have on your family, and are here to assist you in any way you need with compassion and understanding.
If you have lost a loved one in an accident which was the fault of another individual’s reckless or negligent conduct, you can contact our wrongful death attorney at anytime by calling (504) 525-5211 for a free consultation.