Wrongful Death Attorney in New Orleans
Have You Lost a Loved One in an Accident?
Nothing can be more devastating than losing a loved one in an accident, especially when there is a negligent individual at fault. It is not uncommon for a family to lose a loved one due to the negligent or reckless behavior of another. If you have lost someone in this manner, do not hesitate to reach out to Cueria Law Firm for assistance. As a New Orleans law firm, we serve the immediate area as well as the state of Louisiana. We focus our efforts on helping families receive compensation for the loss of a family member. As your wrongful death attorney, I am on your side and I will fight for you.
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How Do I Know If My Loved One's Fatal Accident Qualifies as a Wrongful Death Claim?
In general, a wrongful death claim can be made when the negligence or intentional act of an individual, business, or entity causes the death of a person. There are laws in place to provide an outlet for legal recourse when a family member has had a loved one lost due to a wrongful death situation. In every state within the US, the statutes will vary for wrongful death claims, including how the survivor of the individual can file a claim, who can file, and what will be provided by way of damages. An experienced wrongful death attorney can help you pursue legal action and guide you through the claims process.
Types of Wrongful Death Incidents
Caused by someone who was negligent in how they were driving, their vehicle was not properly maintained or they were texting and driving which led to your loved ones death.
Work Place Accident
On average, 5000 people die each year due to an accident at their job. Improper safety measures, equipment failures or transportation accidents.
Can I File a Wrongful Death in New Orleans?
If an accident is qualified as an incident involving wrongful death, it does not mean that you qualify for a claim. Only certain people have the right to file a wrongful death claim to recover damages for their loss. Survivors who do have a right to file a claim will include:
- Children of the deceased
- Spouses or life partner of the deceased
- Parents of the deceased
- Siblings of the deceased
- Other dependents
The primary right to file a claim is given to the children and spouses of an individual who passed away in a wrongful death situation. If a child or spouse is filing a claim, then a parent or sibling will not likely be pursuing a claim or have the right to. It is important for the family to contact a wrongful death attorney in a timely manner, as there are statues of limitations on these types of cases.
Frequently Asked Questions About Wrongful Death Claims:
The best way to define a wrongful death is when the negligent act or intentional act of an individual results in the death of another. Laws exist to provide legal recourse for the family members who suffered the loss of a loved one to file a claim. In each state, wrongful death claims exist. Our Louisiana wrongful death attorneys have experience in helping families file claims and are ready to assist you if you have experienced a loss as well. At Cueria Law Firm, we can review your case and determine if you have the ability to file a claim based on the cause of loss as well as your relationship to the deceased.
The term wrongful death is broad but does cover certain types of incidents. Not every incident will be defined as a wrongful death. Examples of wrongful death can include:
- Car accident due to texting, drunk driving or other negligent behavior
- Workplace accident dues to supervision issues or lack of training
- Assault or attack that led to the death of an individual
- Doctor malpractice
- Drowning accident due to premise liability or property damage
- Defective product that resulted in death
- Day-to-day expenses
- Funeral and burial expenses
- loss of income
- loss of companionship
- Pre-death pain and suffering
- Medical expenses incurred prior to death
- Grief and anguish, suffered in the past, as well to be suffered in the future.
- Spouse or children of the deceased
- If there is no surviving spouse or child, the parents of the deceased may bring up a wrongful death case.
- If there is no surviving spouse, child, or parent, the sibling of the deceased may bring up a wrongful death case.
- Also, if a young child dies from wrongful death, the parents of the child may bring up a case.
Determining who is allowed to bring up a wrongful death case may be intricate so contact a wrongful death attorney to discuss the best course of action for you and your case. At Cueria Law Firm, our attorneys have decades of experience in wrongful death cases; and can help determine what fair compensation for you and your family is.
While we recommend that you contact an attorney immediately following the death of a loved one at another’s negligence to begin recouping your financial loses. Law states that you have one year from the death of the individual to bring up a wrongful death case.
Louisiana is a comparative fault state. This means that, even though the deceased may be partially at fault for their death, a dependent of the individual may still bring up a case against the other person or entity responsible for the death.
Your recovery will be bound by the percentage the deceased was at fault for their death. For example, if the deceased was found to be at 50% fault for their death, and those who brought up the case were awarded $750,000, the end award would be $375,000.
It is best to find an attorney to represent your case. The unwanted burden of losing a loved one is enough for you to have to handle. Our attorney has handled wrongful death cases on the gulf coast for 20+ years. We will work diligently to ensure you are fairly compensated for the wrongful death of your loved one so that you can focus on healing. Contact us today to get a free consultation so we can assess your unique case and help you figure out what is right for you.
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