No experience can match the trauma of losing a loved one unexpectedly. In addition to the emotional grief, survivors may face monetary challenges if the victim is a primary source of income. Unfortunately, unexpected deaths are more common than many people realize. According to the Centers for Disease Control and Prevention (CDC), there were 200,955 unintentional injury deaths in the United States in 2018.
Falls and auto accidents are the main causes of wrongful deaths, but other cases result from surgical errors, pharmaceutical mistakes, and other acts of negligence. When negligence leads to catastrophic injuries or death, family members may be able to seek damages from the at-fault party or parties.
Pursuing Compensation Based on a Louisiana Wrongful Death
If your loved one was the victim of a wrongful death, then you may be entitled to compensation for health care expenses, funeral costs, loss of future earnings, and other damages. Recovering compensation from a wrongful death claim can be a legally complex process. Sometimes the at-fault party denies liability.
If you intend to make a claim, it is important to act quickly because certain evidence may become unavailable over time. A New Orleans personal injury lawyer from Morris Bart, LLC can evaluate your case to determine if you may have grounds for a claim. Call (800) 537-8185 to schedule a consultation. Until then, read on to learn about the damages that might be available in a wrongful death case.
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Recovering Wrongful Death Damages in Louisiana
According to the Louisiana State Legislature, if a person dies due to the fault or negligence of another individual or organization, then certain people may bring a suit in order to recover damages that they sustained due to the death. The specific facts of the case will determine who may be entitled to benefits. There are four types of people who may be able to claim wrongful death compensation:
- The surviving spouse and children of the deceased;
- The surviving father and mother of the deceased;
- The surviving brothers and sisters of the deceased;
- Or the surviving grandfathers and grandmothers of the deceased.
Our attorneys can help you understand if you qualify to take legal action and/or receive compensation based on your relationship to the accident victim and the strength of your case. We offer free consultations so family members can learn more before committing to hiring our team to represent them.
What Damages Might I Be Able to Claim?
As a surviving family member, you may be eligible to claim damages to cover both economic and non-economic losses you and your family incurred due to your loved one’s death. Economic losses may include:
- Medical bills related to the illness or injury that caused the death;
- Lost wages;
- Lost benefits;
- Funeral expenses;
- Lost household services;
- And damage to property.
Non-economic losses are more subjective. In wrongful death cases, non-economic losses usually include pain and suffering, the loss of care and companionship, and any loss of emotional support due to the unexpected death.
Although no amount of money can bring back your loved one, a successful claim may help your family avoid debt and potential bankruptcy. It can greatly reduce your financial stress and allow you to focus on spending time with your surviving loved ones. Also, taking action may save other victims from the same negligence.
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Proving Your Case Against the Party Responsible for Your Loved One’s Death
Like all personal injury cases, your wrongful death action will likely be based on negligence. Negligence is the careless or reckless behavior the at-fault party engaged in that caused the accident, your loved one’s injuries, and ultimately their death.
To prove negligence, which is necessary to hold the at-fault party legally responsible, you will need to prove four things:
- The defendant owed your loved one a duty of care
- They breached that duty
- This breach caused injuries
- Your loved one passed away from their injuries
Our attorneys can handle building this case and supporting your insurance claim or personal injury lawsuit for your family. We understand how difficult this can be and want to assure you that we will manage your case with the utmost compassion and respect. We believe your loved one deserves justice, and your family should not have to shoulder the financial burden of another party’s negligence.
Determining How Much Your New Orleans Wrongful Death Claim Is Worth
In most wrongful death cases, the value of the intangible damages—the emotional distress, loss of relationships, and more—is significantly more than the medical bills, lost wages, and other economic costs. For this reason, it is imperative to have someone on your side who understands how to value these non-economic damages accurately.
Unlike economic expenses and losses, there are no receipts, bills, or estimates to back up the stated value of your intangible damages. You will need to rely on the experience, knowledge, and resources of your attorney to estimate a fair value for these losses and negotiate a payout based on that value.
Most of these cases do not go to trial. The insurer representing the at-fault party agrees to an out-of-court settlement instead. However, our attorneys will litigate the case if we need to in order to get a compensation agreement we believe is fair for our client and their family.
Talk to a Morris Bart, LLC Wrongful Death Attorney
If your loved one was the victim of a wrongful death, contact a New Orleans personal injury attorney from Morris Bart, LLC. We can handle the legal side of your case so you can focus on your personal well-being. In the weeks and months after losing your family member to a sudden and tragic injury, you should not have to worry about how to pay your bills, cover their lost income, or pay for the necessary services at your home they used to take care of. Our team will pursue damages for you and your family, so you do not have to.
Call (800) 537-8185 to schedule a consultation.
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