When a loved one loses their life due to another person’s negligence, it is classified as wrongful death. Dependents or direct beneficiaries of the deceased may be eligible for financial compensation due to this tragic event.
Dealing with the loss of a loved one is overwhelming enough without the added stress of legal matters. If your loved one has passed away due to someone else’s negligence, our experienced wrongful death lawyers in New Orleans are here to guide you through your legal rights. Contact Morris Bart today for a free case evaluation.
Why Choose a Gretna Wrongful Death Lawyer From Morris Bart
With over 40 years of experience, our wrongful death attorneys deeply understand Louisiana’s laws and the complexities involved in these cases. We are committed to overcoming any challenges to achieve the best possible outcomes for our clients.
Our firm prioritizes our clients, fighting relentlessly for justice on behalf of your family, even if it means taking your case to trial. We work on a contingency fee basis, which means you only pay if we successfully secure financial compensation for your loss.
For a free legal consultation with a Wrongful Death lawyer serving Gretna, call 800-537-8185
What Does it Cost to Hire a Gretna Wrongful Death Lawyer?
When you hire the law firm of Morris Bart, there are no upfront fees. Our Gretna personal injury lawyers work on a contingency fee basis, which means you only pay if we win your case and secure financial compensation for your family. You won’t need to pay our law firm out of pocket. We cover the legal process costs, so you bear no financial risk when bringing a claim.
If we secure a settlement or jury verdict for your wrongful death damages, our fee will be a percentage of the total amount won. The rate depends on the specifics of your case, including whether it goes to trial. Most cases are resolved through settlements, and we are always transparent about our fees.
Determining Liability in a Gretna Wrongful Death Case
Proving negligence in a wrongful death claim is similar to a personal injury lawsuit. Your attorney will help identify the negligent party, demonstrate their breached duty of care, and provide evidence of the losses resulting from the death. Examples include:
- A surgeon whose negligent mistake during surgery leads to a patient’s death.
- A driver who runs a red light and kills a pedestrian.
- An armed assailant whose actions result in accidental death during a robbery.
Negligent actions must be proven with evidence that the responsible party owed your loved one a duty of care, failed to fulfill this duty, and caused the fatal incident. Liability depends on the individual or entity responsible for the death. Our lawyers can investigate, identify the negligent party or parties, and seek damages from the appropriate defendants.
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Potential Compensation for Wrongful Death
Potential Compensation in Wrongful Death Cases
State laws allow family heirs to file wrongful death lawsuits if negligence caused their loved one’s death. Courts consider various factors when hearing these cases. Potential compensation may include:
- Loss of income from the deceased’s salary
- Potential savings the deceased might have accumulated
- Expenses incurred by surviving heirs
- Medical bills and funeral expenses
- Reasonable burial expenses
- Loss of household services provided by the deceased
- Loss of companionship
- Punitive damages in cases of gross negligence or intent to harm
Eligible parties for compensation may include surviving spouses, children, parents, grandparents, and siblings. Though thinking about monetary claims after a loss is challenging, protecting your rights during the legal process is crucial. Our compassionate attorneys are dedicated to helping clients seek damages in wrongful death cases.
What to Expect When Filing a Wrongful Death Claim in Gretna
Navigating a wrongful death lawsuit in Gretna can be daunting for the average family. At Morris Bart, our injury attorneys will guide you through every step of the legal process involved in a wrongful death action in Louisiana. Here is an overview of the basic steps:
- Filing the Claim: Our experienced wrongful death lawyers will assist you in preparing and filing a claim that adheres to all Louisiana laws and requirements.
- Investigation: An investigation into your loved one’s death will be initiated, which may involve interviewing family members and witnesses to gather crucial evidence and information.
- Identifying Defendants: One or more defendants will be identified as contributing to your loved one’s fatal injury or illness. These defendants will be served with a copy of your claim.
- Settlement Offers: The defendant’s insurance company may offer a settlement if they accept liability for the death.
- Negotiation: Your lawyer will use evidence, including expert testimony, to prove negligence and negotiate a fair settlement with the insurer on your behalf.
- Trial Preparation: If a fair settlement cannot be reached or if the insurance company denies the claim, your lawyer can take the case to trial in Jefferson Parish.
- Trial Process: A wrongful death trial will include a discovery phase, which may last several months, followed by presenting arguments and evidence before a judge and jury.
- Jury Decision: A civil trial jury will determine if the plaintiff has met the burden of proof. If they rule in your favor, a judgment will be awarded. If not, your attorney may file an appeal.
Our attorneys provide general information about the legal process and personalized legal advice tailored to your unique case and needs. We are dedicated to supporting you and your family through every step of wrongful death litigation.
Situations That Lead to Wrongful Death
The initial step in pursuing a wrongful death lawsuit is identifying the cause of death. This is crucial because the defendant in a wrongful death case is the party responsible for the fatal incident. Some of the most common causes of wrongful death include:
- Vehicular Accidents: If a negligent driver, such as one under the influence of alcohol, causes a fatal car accident, their insurance company can be held liable. Depending on the specifics, other parties, like the automobile manufacturer or a commercial shipping company, might also bear responsibility.
- Motorcycle Accidents: Motorcyclists are at a higher risk of fatality in traffic accidents compared to those in passenger vehicles. If your loved one’s death resulted from a negligent or reckless driver, that party can be held accountable.
- Bicycle and Pedestrian Accidents: Pedestrians and bicyclists are particularly vulnerable on roads. Drivers who disregard traffic laws can cause preventable deaths, for which they can be held liable.
- Workplace Accidents: Each year, preventable workplace incidents in Louisiana claim workers’ lives. These include fires, explosions, falls, transportation accidents, and equipment failures. Surviving family members may be entitled to death benefits through workers’ compensation or a wrongful death claim.
- Emergency Room Medical Malpractice: Wrongful death claims frequently arise from emergency room errors, such as misdiagnoses, surgical mistakes, or premature discharge of patients.
- Anesthesia Malpractice: Anesthesiologists who administer a fatal dosage can be held legally responsible for the death.
- Defective Products: If a product has a design, manufacturing, or marketing defect that leads to a fatal malfunction, the manufacturer or distributor can face product liability claims for wrongful death.
Other situations can lead to wrongful death, but these are the most common. Whether your situation falls into one of these categories or another one entirely, a New Orleans wrongful death lawyer can help you begin the process of obtaining compensation.
Understanding the Statute of Limitations for Wrongful Death Actions in Gretna
In Louisiana, the statute of limitations for wrongful death cases is typically one year. However, this one-year period doesn’t always start immediately at the time of death. The clock can be reset if new relevant information is discovered, such as:
- Evidence of someone deliberately concealing information about the cause of death.
- Discovery of defects in products involved in the death.
- Initially ruling the death as natural, only to later uncover evidence of medical malpractice.
It is crucial to adhere to this time limit when filing a wrongful death claim. Missing the deadline usually means losing the right to seek financial compensation. Navigating such complex legal matters can be challenging, but a wrongful death lawyer in Gretna can assist you. They will ensure you meet the necessary deadlines to keep your case active and safeguard your right to pursue justice.
Who Can File a Wrongful Death Claim in Louisiana?
In Louisiana, the following family members are eligible to file a wrongful death claim:
- The spouse and/or children of the deceased.
- The parents of the deceased, if there is no surviving spouse or children.
- The siblings of the deceased, if there is no surviving spouse, children, or parents.
- The grandparents of the deceased, if there is no surviving spouse, children, parents, or siblings.
If you have lost a loved one due to another party’s negligence, a wrongful death attorney can provide guidance on your legal rights and help you seek justice and compensation.
Understanding Survival Actions in Louisiana
Following the sudden death of a loved one, it may be possible for the family to pursue a survival action under Louisiana law. According to Louisiana Civil Code Section 2315.1, the right to seek damages for an injury sustained by the deceased continues even after their death. This legal avenue is known as survival action, and the right to file such a claim persists for one year from the date of death.
Compensation obtained through a survival action can be awarded to:
- The surviving spouse and children of the deceased, or either the spouse or the child/children.
- The surviving parents of the deceased, in the absence of a spouse or children.
- The surviving siblings of the deceased, if there is no spouse, children, or parents.
- The surviving grandparents of the deceased, if there is no spouse, children, parents, or siblings.
These provisions also cover adopted family members. However, any father or mother who abandoned the deceased while they were a minor is considered not to have survived the deceased. If none of these beneficiaries exist, the right to seek damages for the deceased’s injuries passes to the representative of the deceased’s estate.
A survival action focuses on the losses suffered by the deceased themselves, whereas a wrongful death action centers on the losses experienced by surviving family members. Contacting our personal injury lawyers today can give you a clearer understanding of your rights and the process for filing either type of claim.
A New Orleans Wrongful Death Lawyer Can Help
Navigating a wrongful death claim while coping with the loss of a loved one can be overwhelming. A single mistake could jeopardize your claim or reduce your compensation from insurance companies. Hiring a wrongful death lawyer can safeguard your family’s interests and enhance your chances of a successful outcome.
In Gretna, a wrongful death lawyer offers essential legal services, including:
- Investigating the fatal incident by revisiting the scene and gathering witness statements.
- Establishing liability and causation for your loved one’s untimely death.
- Educating you on your rights and legal options as a surviving family member.
- Preserving and compiling all available evidence to support your wrongful death case.
- Negotiating with insurance adjusters on behalf of your family.
- Managing complex legal paperwork and meeting Louisiana’s filing deadlines.
- Advocating for your case in court to secure maximum compensation if negotiations fail.
Your attorney is well-versed in Louisiana law and adept at navigating the civil codes relevant to wrongful death lawsuits. By entrusting your case to a legal team, you can focus on healing while they pursue the rightful settlement your family deserves.
Call a New Orleans Wrongful Death Lawyer Today
Contact a Gretna wrongful death lawyer at Morris Bart for a free consultation today. Our team will provide compassionate guidance and steadfast advocacy to protect your rights during this challenging time.
Questions?Call 800-537-8185
to find a Morris Bart office near you.
