Lost a Loved One in an Accident? You Need a New Orleans Wrongful Death Attorney
When a person intentionally, negligently or recklessly causes injury to another individual, the victim has the right to take action to recover compensation for his or her injuries. In some cases, the personal injuries are so serious that the victim does not survive. Tragically, auto accidents, construction accidents, plane crashes, medical mistakes, and defective products take the life of many victims in Louisiana each year. Without talking to a New Orleans wrongful death attorney, loved ones don’t realize that they may be entitled to compensation.
When a death occurs because of negligence or wrongdoing, the person or entity responsible should not escape legal liability because the victim was killed. To ensure that the wrongdoer is held accountable for compensating surviving family members, every state in the U.S. has passed special laws called wrongful death statutes to help compensate the family members of wrongful death victims.
To bring a claim and obtain compensation for your losses, contact a wrongful death lawyer at Bloom Legal today.
Wrongful Death Cases in Louisiana
A wrongful death lawsuit is a case brought by the family members of the deceased against another person or entity that caused the loved one’s death through negligence, wrongdoing or breach of a legal duty.
These cases arise out of many types of incidents, from a fatal car accident to a construction accident to a severe dog bite to an aviation disaster. Wrongful death actions can only be brought by certain specific individuals with a close family relationship to the deceased. For example, a widow can file a wrongful death case, but a second cousin cannot. Since the individuals eligible to file a wrongful death lawsuit vary from state to state, it is important to contact an attorney in your state to determine whether you are eligible to bring a case.
If your loved one has passed away from personal injuries sustained in an accident, you may be entitled to substantial compensation through a wrongful death case. However, it is up to you to protect your rights and file a wrongful death claim for compensation. Bloom Legal is personal injury law firm that can assist in determining if you have a case and outlining your rights and options.
How to File a Wrongful Death Claim in Louisiana
When a loved one dies unexpectedly or in an accident the surviving family may seek compensation for damages stemming from their death.
Successful wrongful death claims must prove two things:
- That the death of the loved one was a direct result of negligence or wrongdoing by another person or persons; and
- That the surviving family of the deceased has had their life directly impacted, emotionally and financially, as a result.
Wrongful death claims seek compensation for damages such as medical bills, funeral costs, loss of wages, loss of quality of life, and more.
What are Important Considerations for Wrongful Death Cases in Louisiana?
The person filing the claim and seeking compensation is known as the plaintiff. Only certain people may file a wrongful death case, and these stipulations vary by state. A New Orleans wrongful death attorney can instruct you as to who can file in your state.
In Louisiana, the plaintiff in a wrongful death case must be the spouse or child of the deceased. If the deceased has no spouse or children, then their parents may file. If there are no parents, the siblings of the deceased may file. If there are no siblings, then the grandparents may file.
In each case, the plaintiff must be able to prove that their life was directly impacted by the death of their loved one. Loss of quality of life may be more difficult for grandparents of the deceased to argue convincingly than it would be for, say, the deceased’s children.
Additionally, each state has a statute of limitations. This refers to the limited amount of time one has to file a wrongful death claim following the death of their loved one. Generally, statutes of limitations range from one to three years, depending on the state.
In Louisiana, the statute of limitation is referred to as prescription. For wrongful death cases it is is one year from the date of death. Thus, the sooner you contact a wrongful death attorney, the better.
How Your New Orleans Wrongful Death Attorney Will Help With Your Claim
Filing a wrongful death suit can be a complex and sometimes drawn-out procedure. You want to make sure you have an experienced New Orleans personal injury law firm on your side. Choosing the right wrongful death lawyer can have a huge impact on your case and how it goes.
Make sure that your lawyer actually practices personal injury law. There are many different types of law, and typically lawyers specialize in one or a few. You wouldn’t want to hire a bankruptcy lawyer for a personal injury case any more than you’d hire a plumber to work on your roof.
Your wrongful death lawyer can help you file your claim, gathering the appropriate documents and filing with the court. They will research and compile evidence surrounding the death of your loved one.
Once your initial claim has been filed the defendant—the person, persons, or organization you are seeking compensation from—will be notified. They will hire their own representation, and insurance information will likely be exchanged.
Dealing with insurance companies can be a hassle and a half to say the least. Your wrongful death attorney can and should represent you in most dealings with the insurance company.
Insurance companies may often attempt to lowball their early offers for settlement. Once a settlement is agreed upon, the plaintiff may not seek further compensation for the same claim, even if they later realize they did not receive an appropriate settlement. Knowing this, the insurance companies and lawyers for the defendant will employ strategies to save as much money as possible on their end.
If both sides can not agree on a settlement during negotiations, then you and your lawyer will have to sue, and take the defendant to court to get the compensation you deserve.
At this point, documentation will likely be requested and compiled, and depositions may need to be collected. You will likely need to appear as a witness and give your testimony before a jury if the case makes it to court.
However, as with many personal injury cases, wrongful death cases often don’t make it to trial. Most defendants and/or their insurance companies will want to settle out of court, saving time and money. The sides may reach a settlement at any point prior or leading up to trial.
This is another reason it’s so important to have an experienced New Orleans wrongful death attorney at your side. They can navigate the negotiation process most effectively, ensuring you are allotted the full settlement you deserve, whether before trial or through it.
When the Worst Happens, You Need the Caring, Compassionate and Skilled Team of Bloom Legal
At Bloom Legal, we understand that losing a loved one can be an emotionally traumatic and often life-altering event. You will likely have to not only take care of yourself, but your loved ones as well, your finances and well-being. However, if the death of your loved one was due to negligence or wrongdoing on the part of another, you should not be denied compensation for your pain and suffering. The legal team at Bloom Legal knows how devastating it can be when your loved one has suffered an untimely death as a result of the wrongful actions of others, and we sincerely want to help.
The experienced New Orleans personal injury law firm of Bloom Legal will fight for you. We will engage the insurance company on your behalf, collect evidence and file in court. We will negotiate to make sure you get the money you deserve, while you focus on what’s most important—being with friends and family, grieving and healing.
We offer caring, compassionate and skilled legal representation to those who have lost loved ones so they can secure the compensation they deserve. Our wrongful death attorneys represent individuals in New Orleans and the surrounding areas. Call us at 504-599-9997 to schedule your consultation.
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Posted By: Sarah Perrie