New Orleans
Wrongful Death Lawyer
Compassionate Representation From Wrongful Death Attorneys in New Orleans
The pain of losing a loved one due to someone else's negligence is immeasurable. In these moments of profound grief, seeking justice becomes not just a legal matter, but a step toward healing and closure. If you are facing this heartbreaking situation, it is crucial to have the support of a knowledgeable New Orleans wrongful death attorney.
At Clayton, Frugé & Ward, we are committed to compassionately guiding families through this difficult time and helping them seek the compensation they rightfully deserve. Our attorneys understand that no amount of financial recovery can replace the loss of your loved one. However, pursuing a wrongful death claim can offer a sense of justice being served and provide essential financial support for your family’s future. Our team of trial attorneys is dedicated to handling your claim with the utmost sensitivity and respect, ensuring that your rights and best interests are upheld.
Let us help you navigate the legal complexities surrounding your loss while you focus on healing and honoring the memory of your loved one. Contact us at (225) 209-9943 today.
What Qualifies As Wrongful Death in New Orleans, LA?
A wrongful death claim arises when someone passes away due to the negligence or intentional actions of another. This legal provision enables the grieving family or the deceased's dependents to seek financial compensation for their loss and their related damages. However, it's important to note that these claims have specific criteria and don't encompass every type of fatal accident.
Some examples of instances that typically qualify for a wrongful death claim include:
Proving Wrongful Death in Louisiana & How an Attorney Can Help
In Louisiana, proving wrongful death involves establishing the following:
- The defendant had a duty of care
- The defendant breached that duty
- The breach directly caused the death
Understanding these legal nuances can be complex, which is why it is vital that you consult with a wrongful death lawyer in New Orleans. An attorney at our firm can help evaluate the circumstances around your loved one's death, gather evidence to support your case, and work to substantiate your claim.
Additionally, working with an experienced lawyer from Clayton, Frugé & Ward helps ensure that you meet all filing deadlines, known as statutes of limitations, which dictate the time frame within which a wrongful death claim must be filed. In Louisiana, this period is generally one year from the date of death. This is not a long time at all, so it is critical that you reach out to our New Orleans wrongful death law firm right away.
Who Can File A Wrongful Death Claim In New Orleans?
Experiencing the loss of a loved one is profoundly traumatic, especially when their death was completely preventable. Pursuing a wrongful death claim can be a crucial step in seeking justice. It's important to understand who is eligible to file a wrongful death claim, as this dictates whether you are able to bring a lawsuit and seek compensation for your loss.
In Louisiana, the civil code stipulates a hierarchy of eligible claimants. Those entitled to file a wrongful death claim include, in order:
- The Decedent's Spouse and/or Children: The surviving spouse and children have the first right to file a claim after someone dies a wrongful death in Louisiana.
- The Decedent's Parent(s): If there are no children or spouse, the right to file a wrongful death claim next extends to the parents of the deceased.
- The Decedent's Siblings: If there is no surviving spouse, child, or parent, the deceased's siblings may have the legal ability to pursue a claim.
- The Decedent's Grandparent(s): If there is no surviving spouse, child, parent, or sibling, the deceased's grandparent(s) may be entitled to file a wrongful death claim.
This prioritization ensures that those most affected by the loss are given the opportunity to seek justice and recover compensation for mental, emotional, and financial hardships they have endured as a result of their loved one's death. An experienced New Orleans wrongful death attorney from our firm can not only guide you and your family through these legal standings but also help manage the emotional and logistical challenges involved. We understand the devastating experience you have been through, as well as the many challenges you are still facing. Our team offers personalized support to help you through this difficult time.
Types of Compensation Available in Louisiana Wrongful Death Claims
At Clayton, Frugé & Ward, we know that no amount of financial recovery can ever undo or make up for the loss of your loved one. However, in the wake of your family member's death, you may find yourself struggling with unexpected financial burdens, from massive medical bills resulting from your loved one's final care to funeral or burial costs. If your family member was the primary breadwinner, or if you depended on them for financial support, you may find yourself struggling to keep up with the everyday costs of life, even as you wrestle with the immense emotional impact of your loved one's passing.
The goal of a wrongful death lawsuit is twofold: First, it helps hold the person or party responsible for your family member's death accountable. This can provide an important sense of justice to surviving family members, who often need this to begin healing. Secondly, a wrongful death lawsuit allows you to seek fair financial compensation for the unanticipated challenges you're facing as a result of your loss. These are known as “damages.”
Compensation in Louisiana wrongful death claims often covers a range of damages, including but not limited to:
- Economic Damages: Economic damages typically include medical expenses incurred before death, funeral and burial costs, lost wages, and the loss of future income. These can be immensely helpful in providing the support families need to focus on grieving and honoring their loved one.
- Non-Economic Damages: Non-economic damages may be claimed for pain and suffering, emotional distress, and loss of companionship, counsel, guidance, love, and support. No one's life can be summed up by a dollar amount, but such damages can provide an invaluable sense of justice.
- Punitive Damages: Punitive damages may be sought when the decedent's passing was the result of gross negligence, criminal conduct, or wanton disregard. Such damages are meant to punish the defendant and deter similar actions from occurring in the future.
In New Orleans, courts evaluate cases and award wrongful death damages based on various factors, such as the deceased’s age, their earnings and earning capacity, the cost of their final medical care, and the impact of the loss on surviving family members. It can be extremely complex to fully calculate these damages; doing so often entails presenting detailed evidence and, sometimes, expert testimony to paint a clear picture of the full scope of surviving families' losses.
Our wrongful death lawyers in New Orleans know how to persuasively bring forth evidence that illustrates just how much you have suffered as a result of your loved one's passing. We are dedicated to bringing negligent and at-fault parties to justice, and we have the track record to prove it.
Why Hire a Local New Orleans Wrongful Death Lawyer?
Hiring a local wrongful death lawyer in New Orleans offers significant advantages. Our attorneys are intimately familiar with local courts, filing procedures, and various legal nuances that often affect our clients' cases. Our extensive knowledge of Louisiana's unique legal frameworks and precedents often proves crucial in effectively managing wrongful death claims, holding liable parties responsible, and securing justice for our clients. Our lawyers are also familiar with the regional economy and how insurance companies operate, which can provide a strategic advantage when negotiating claims.
Our firm maintains relationships with local law enforcement, forensic experts, and medical professionals, enabling us to gather critical evidence and build stronger claims. We provide the personalized, timely support families need during their most challenging times. If you need a wrongful death attorney in New Orleans, we recommend discussing potential law firms' experience with cases similar to yours. When you meet with us for a free consultation, we can go over the details of your case, explore possible strategies, and discuss our ability to provide both legal and emotional support.
Contact Our Wrongful Death Lawyers Today: (225) 209-9943
If you have lost a loved one because of another person’s negligence, we urge you to contact us as soon as possible. Regardless of how the incident occurred, our attorneys have the skills and knowledge to represent your rights. Clayton, Frugé & Ward can develop a strong case for you and walk with you every step of the way.
At Clayton, Frugé & Ward, we understand the deep emotional toll such a loss can have on families. Our approach is not just about the legal pursuit of justice but also about providing a holistic support system for you and your family. We can assist you in finding financial advisors, counselors, and support groups to ensure that you receive comprehensive support. Our commitment to our clients extends beyond the courtroom; we offer guidance and resources to help you navigate your grief and healing.
Contact our New Orleans wrongful death lawyers today for a free case review. Call us at (225) 209-9943 to get started.
New Orleans Wrongful Death FAQ
What Is the Statute of Limitations for Filing a Wrongful Death Claim in New Orleans?
In New Orleans, and all of Louisiana, the statute of limitations for filing a wrongful death claim is generally one year from the date of the deceased person's death. Failing to file a wrongful death claim within one year of the decedent's passing usually results in the court dismissing the claim, meaning the family forfeits their right to seek financial compensation.
This time frame is very short compared to other states, making it extra important to seek immediate legal assistance if you believe your family member's death was caused by someone else's negligent or wrongful actions. The brief filing window for these types of claims underscores the importance of working with an experienced wrongful death attorney who can promptly gather evidence, submit documentation, and file your claim within the allowed timeframe.
What Damages Can I Recover in a Wrongful Death Lawsuit in New Orleans?
Filing a wrongful death lawsuit allows you to seek damages for both economic and non-economic losses. Economic damages include quantifiable financial losses, such as medical bills, funeral expenses, and loss of income or benefits. Non-economic damages, although harder to quantify, encompass pain and suffering, emotional distress, and loss of companionship and affection.
Other potential compensations may include punitive damages, awarded in cases involving particularly negligent or malicious conduct. Each wrongful death case will have unique factors that influence the types and amounts of damages you can recover, and an attorney from our firm can provide insight into what you can expect.
What Is Contributory Negligence, and How Can It Affect a Wrongful Death Claim in Louisiana?
Louisiana follows a pure comparative fault rule, which means that if the deceased is found to have any responsibility in their own death, the compensation awarded can be reduced accordingly. This law states that a claimant's recoverable damages are decreased by a percentage equal to their fault. For example, if the decedent is found to have been 50% to blame for the incident that led to their death, the amount of damages the family could recover would be reduced by half.
Understanding this aspect is crucial, as establishing the degree of fault attributed to the deceased could significantly impact the compensation family members receive. At Clayton, Frugé & Ward, we provide aggressive legal representation and work to prove that the defendant's conduct was the true cause of the decedent's passing. Our goal is to maximize compensation for our clients, bringing them a powerful sense of justice being served.
Do I Need a Wrongful Death Lawyer?
If you believe you may have grounds for a wrongful death claim, it is extremely important that you reach out to a legal team that can help you navigate the legal landscape. These claims are often very complex, and, unfortunately, liable parties often fight to claim they were not responsible for the decedent's death. When you are already dealing with the grief of your loved one's passing, fighting back can feel overwhelming.
You might be tempted to accept a settlement from the insurance company, but we strongly recommend against this. Often, insurance companies offer lowball settlements as a way of resolving claims. Once you accept a settlement, you almost always cannot pursue further damages. Instead, if you've been offered a settlement, of if the party you believe to be at fault is refusing to acknowledge liability, get in touch with our team right away. Our New Orleans wrongful death lawyers can review your case and provide the fierce representation you need during this difficult time.