Wrongful death lawsuits in Louisiana can generally only be brought by the person or persons that the law considers their designated beneficiary. If the victim was married, then the spouse and/or children will be the designated beneficiaries. Children may also file a separate suit in cases where a parent has died. If the victim was unmarried, then parents have the right to bring an action to recover damages for wrongful death. If the victim has no surviving spouse or parents, then siblings may bring an action against the responsible party. There are complexities to most areas of law, and wrongful death suits are no exception. Who is eligible to file, and under what circumstances, can be confusing, especially in large, close-knit families, where the desire to punish a negligent party can run deep. When your family has lost a loved one to another person’s negligence, your best course of action…Read More
Every wrongful death case is different, and every situation brings its own set of facts into play. In general, to prove negligence, a plaintiff must show that the other party failed to exercise a reasonable amount of care in the conduct of whatever actions are involved in the case. Some instances can be relatively straightforward to prove. A drunk driver who causes a wreck that results in the death of another driver or passenger is negligent by the fact of being drunk and driving. Not only is this illegal, but it’s almost impossible to make the case that the drunk driver exercised a level of care in their decision making that would be considered reasonable. In other wrongful death cases, it can be more difficult to show negligence. Because of the wide array of cases that The Gertler Law Firm handles for injured parties and their loved ones in New Orleans, we…Read More
Yes, there are several damage categories available when a spouse has died due to the negligence of another. In New Orleans, courts will break wrongful death damages down into “economic” and “non-economic” damages, which are intended to address both the concrete losses that a family experiences, and the less tangible elements of bereavement. Economic losses include things like medical bills and funeral expenses for your loved one, compensation for property damage, and the wages and compensation your family has lost as a result of your spouse’s death. Non-economic damages are designed to compensate your family for the loss of love, companionship, moral support, and affection. Obviously, no amount of money can make your family whole again, but when another party’s carelessness led to the death of a family member, and the financial hardships that can result, you owe it to your children and yourself to take all reasonable steps to see…Read More
Yes, when a workplace accident causes the death of a loved one, their family members may be eligible to pursue legal remedies against the employer. Parents, spouses, and children are all potentially able to make claims for wrongful death in Louisiana, and in some cases other relatives may also be able to seek damages. Employers in Louisiana do not have special rights when it comes to avoiding liability for workplace accidents. When job sites are unsafe, proper safety equipment isn’t provided to workers, or improper training leads to injuries or wrongful deaths, families have a right to try to become as whole as possible in the aftermath. There is no amount of money that can make up for a lost loved one, but employers should be held accountable when they create situations that put their workers at risk. Families shouldn’t have to suffer the financial loss of the wages and…Read More
Yes, drunk drivers can be held liable when they cause a wrongful death in New Orleans. In fact, when drunk driving is the cause of a wrongful death, there will often be two separate legal actions happening to the drunk driver. First, police will pursue criminal charges against the driver, which may include a homicide charge. Second, the family of the victim may file a wrongful death lawsuit against the drunk driver, alleging that their choice to get drunk and drive represents gross negligence, and that they are therefore responsible for compensating the family who has suffered the resulting loss. Damages may include economic losses, including medical and burial expenses, lost wages and compensation, and property damage, as well as non-economic factors like the pain and suffering your loved one experienced, and the loss of companionship your family is suffering. Proving negligence on the part of a drunk driver, especially…Read More
When a person in New Orleans dies due to the fault of another, an action against the responsible party must be commenced within one year of the date of death. The wrongful death action is an action brought by family members to recover damages suffered by them as a result of the loved one’s accidental death. Which family members may pursue a claim depends on the structure of the family. Louisiana Civil Code section 2315.2 provides the following breakdown of who may pursue a wrongful death action. The existence of one beneficiary in a higher category precludes anyone in the lower categories from recovering. The surviving spouse and child or children of the deceased, or either the spouse or the child or children; The surviving father and mother of the deceased, or either of them if he left no spouse or child surviving; The surviving brothers and sisters of the deceased,…Read More
When a loved one is lost to a New Orleans’ family in an accident, the emotional difficulty of dealing with that loss often is only the beginning of their problems. This is particularly true if that person provided financial support for the family. If a family member died because of the negligence of another party, the family may be able to recover damages for lost income and support. When seeking fair compensation for the family, there are several factors that must be presented to the judge or jury making the determination. These factors include the deceased person’s current income and likely future earnings. Fringe benefits, such as health insurance, that were provided through the deceased’s employment may also be considered. Non-economic damages also may be available to a family that has lost a loved one. Non-economic damages provide financial compensation for losses such as loss of companionship or society. If your…Read More
While all New Orleans wrongful death lawsuits are brought under difficult circumstances, the most tragic cases involve a loved one who suffers from the time of injury until death. When this happens, the family of the victim may be entitled to pursue a survival action in addition to the wrongful death case. A survival action is for the recovery of damages suffered by the decedent from the time of injury until death. Specific damages that may be pursued in a survival action include medical expenses, lost wages, pain and suffering, and mental anguish. If the circumstances surrounding the victim’s death, medical records, or other evidence indicates that the victim passed away instantaneously after being injured, a survival action usually cannot be pursued. If, however, the victim did not die immediately and there is even a bit of evidence that he or she was aware enough to experience – at least…Read More
When a New Orleans family suffers the loss of a family member due to the fault of another, a wrongful death lawsuit against the person responsible must be commenced within one year of the date of death. This lawsuit is brought by family members to recover damages suffered as a result of family members untimely death. Which family member(s) may pursue a claim depends on the structure of the family. Louisiana Civil Code section 2315.2 provides the following breakdown of who may pursue a wrongful death action: The surviving spouse and child or children of the deceased, or either the spouse or the child or children; The surviving father and mother of the deceased, or either of them if there is no spouse or child surviving; The surviving brothers and sisters of the deceased, or any of them, if there is no spouse, child or parent surviving; and The surviving grandfathers…Read More
As experienced New Orleans wrongful death attorneys, we know that the loss of a family member can result in far more problems than just the emotional difficulty of dealing with that loss. If the deceased person provided financial support for the family, the surviving family members may find themselves in a particularly difficult situation during what is already a terrible time in their lives. Fortunately, when a family member accidentally dies as the result of the negligence of another party, the family may be able to recover damages for lost income and support. When determining what would amount to fair compensation in a wrongful death lawsuit, there are several factors that must be presented to the judge or jury making the determination. These factors include the deceased person’s current income and likely future earnings. Fringe benefits – such as health insurance – that were provided through the deceased’s employment may also…Read More
