Wrongful Death Lawyer Metairie, LA
When a person passes away at the hands of another negligent person or party, they may need to retain help from a Metairie, LA wrongful death lawyer to pursue the legal process. There are several ways such action may occur; while it may be the result of an accident, in other cases, someone’s passing may be through exposure to harmful chemicals. Wrongful death cases can be vastly complicated; families will be grieving the unexpected loss of a loved one, and losses of this magnitude will be emotionally consuming. The idea of taking legal action may seem distant and challenging to face. However, legal action for wrongful death can offer peace of mind for some as families can hold responsible parties accountable and help them gain monetary compensation for damages. Although nothing can bring back the person who has passed, The Law Offices of Frank D’Amico, Jr. can offer resolution through the legal process by providing representation, support, and answering vital legal questions regarding the process.
What is legal action for wrongful death?
Family members may be able to take legal action against a party when someone has passed away due to negligence. In a wrongful death claim, the decedent’s estate can seek damages in the form of compensation for losses experienced, including lost wages, medical expenses, pain and suffering, funeral expenses, and more. As our Metairie wrongful death lawyer will share, there are several elements necessary to have the possibility of a successful wrongful death case, which include:
- Negligence
- Breach of Duty of Care
- Damages
- Causation
What are common types of accidents that may result in wrongful death action?
Wrongful death cases can take on several forms and can occur in a variety of different ways. No matter the type of accident, in most cases, the key to a wrongful death case is that the person’s passing resulted from another person’s negligence or wrongful act. Common types of accidents that may result in a legal claim for wrongful death include:
- Car Accidents
- Medical Malpractice
- Product Liability
- Work-Related Accidents
- Exposure to Toxic Chemicals
- Premises Liability
- +More
What types of damages may be available for cases of this nature?
Typically the types of damages available depend upon the specifics surrounding the accident. Damages are a way of compensating the victim or their families for the losses they have suffered due to the accident. Determining the damages and the proper value of a wrongful death case will require the help of a lawyer to evaluate the losses and assign them with value carefully. Once this has occurred, damages and case value can be determined. Common examples of damages for wrongful death cases may include:
- Medical Expenses
- Income Loss
- Benefits Loss
- Loss of Financial Support
- Loss of Companionship
- Loss of Inheritance
- Funeral Costs
- Punitive Damages
Who is eligible to bring forth a wrongful death claim?
When a loved one has passed away, it’s essential to be aware that not just anyone can file a claim for wrongful death. Although it’s possible to file a wrongful death lawsuit, it’s necessary to be mindful that only one claim can be filed. Be aware that the laws can vary depending upon the state, but in most cases, the eligible parties who may take legal action include the surviving spouse or children.
What advantages can a wrongful death lawyer offer to victims and their families?
After a person has died, the process that lies ahead is rife with emotion, and a wrongful death lawyer can help by alleviating some of the stress of the legal process. When working with a lawyer, surviving family members will have a professional who can navigate the process and help secure the necessary compensation.
For grieving families, there will be much to sort out, and one essential process when considering legal action is to locate a lawyer with experience in representing these types of cases. Working with our Metairie wrongful death lawyer from The Law Offices of Frank D’Amico, Jr. is a way for families to have their rights protected and kept at the forefront while holding responsible parties accountable.
A Metairie, LA wrongful death lawyer understands that the accidental death of a loved one can be devastating. Families are not only left with grief and sorrow, but there are often significant financial hardships that they end up struggling with, especially if the victim was the primary wage earner in the family. When the fatal accident was caused by the negligence or recklessness of another party or parties, Louisiana law allows the victim’s immediate family to pursue a wrongful death lawsuit against those responsible. The following is a brief overview of wrongful death claims. For more detailed information, contact The Law Offices of Frank D’Amico, Jr.
What Is Wrongful Death?
Under the law, wrongful death is defined as a death that is caused by the negligence, disregard, or intentional act of another. A wrongful death can happen because of the conduct of an individual, such as a distracted driving accident, or the conduct of a company, such as a defective product accident.
Wrongful death actions are separate from any possible criminal charges that may be filed. These actions are filed in civil court, not criminal court, and the only potential “justice” of a wrongful death lawsuit is financial. Wrongful death lawsuits can be filed whether or not the alleged at-fault party has been charged with wrongdoing in the victim’s death.
As a Metairie wrongful death lawyer can explain, it is important to realize that the state has set a statute of limitation to file a wrongful death claim for one year.
Who Can File a Wrongful Death Claim?
Every state sets its own wrongful death statutes that stipulate who can pursue a claim when an individual is killed in an accident caused by another party. Under Louisiana law, the following are allowed to file:
- The victim’s surviving spouse and children
- If the victim had no surviving spouse or children, then their surviving parents (or parent)
- If the victim had no surviving parents, then their surviving siblings
- If the victim had no surviving siblings, then their surviving grandparents
- If the victim had no surviving relatives, then the representative of the victim’s estate
What Types of Damages Can Be Obtained in a Wrongful Death Lawsuit?
Part of the damages that can be pursued in a wrongful death lawsuit is similar to what the victim could have pursued in a personal injury lawsuit if they had survived. This includes all medical bills for the life-saving attempts made to try to save the victim’s life. If the victim suffered between the time they were injured and the time they passed, the family can pursue damages for the victim’s pain and suffering.
The family can also pursue damages for the following:
- Funeral and burial expenses
- Grief and mental anguish the victim’s death has caused the family
- The loss of the victim’s love and guidance
- The loss of the household services the victim provided (i.e., taking care of the children)
- The loss of the victim’s future income and benefits
Contact Our Personal Injury Law Firm
If you have lost a loved one and want to learn more about a wrongful death claim, contact The Law Offices of Frank D’Amico, Jr. to schedule a confidential consultation with a dedicated Metairie wrongful death lawyer and find out how our firm can help.
Scenarios That May Not Meet Wrongful Death Case Criteria
Wrongful death claims are legal actions that allow surviving family members or beneficiaries to seek compensation for the death of a loved one caused by the negligence, misconduct, or wrongful act of another party, as a Metairie, LA wrongful death lawyer can tell you. However, not all deaths meet the criteria for wrongful death claims. Recognize the unique circumstances in which a scenario may not meet the criteria for a wrongful death case.
Natural Causes
Death from natural causes such pre-existing illnesses or old age will not be considered as wrongful death. Wrongful death claims typically involve deaths caused by someone else’s negligent or intentional actions, such as a car accident, medical malpractice, or a defective product.
Lack of Legal Standing
As a Metairie wrongful death lawyer can elaborate on, the person who is planning to bring the claim forward must be able to demonstrate legal standing. In some cases, distant relatives, friends, or unrelated individuals may not have legal standing to file a wrongful death claim, even if they were emotionally affected by the death of the decedent.
Lack of Causation
You need to be able to show that there is a clear and direct connection between your loved on’s death and the actions of the defendant. If there is no clear causal connection between the actions of the defendant and the death of the decedent, a wrongful death claim may not qualify. For example, if someone dies in a car accident caused solely by their own negligence or reckless behavior, it may not qualify for a wrongful death claim.
Claims Not Filed Within Statute of Limitations
There are statute of limitations that apply to wrongful death claims, or time limits that a claim must be filed within. If the claim is not filed within the applicable statute of limitations, it may be time-barred and not qualify for a wrongful death claim.
Workers’ Compensation Cases
In cases where a person dies while on the job, the claim may fall under workers’ compensation laws, which provide benefits to employees injured or killed in the course of their employment. For these types of cases, the workers compensation system addresses these claims, so they would not qualify as wrongful death.
Criminal Intent
Negligence or deliberate or intentional misconduct are usually the focus of wrongful death cases, not criminal intent. If the death of the decedent was a result of a criminal act, such as murder or manslaughter, it may be handled as a criminal case, and a wrongful death claim may not be applicable.
You should be aware of what constitutes a wrongful death claim and what doesn’t. Natural causes, lack of legal standing, lack of causation, statutes of limitations, workers’ compensation cases, criminal intent, and assumption of risk are some of the factors that may exclude a death from qualifying for a wrongful death claim. It’s important to consult with a qualified attorney to determine the eligibility of a wrongful death claim based on the specific circumstances and laws of the jurisdiction in which the claim is being pursued. Find out if your case is valid by meeting with a Metairie wrongful death lawyer like one from The Law Offices of Frank D’Amico, Jr.