While there is no true compensation following the loss of a loved one, certain family members may be able to file a legal action for monetary compensation for their loss caused by someone else's negligence. When someone dies in an accident, in an attack, or in prison, for example, the investigation into the facts and circumstances surrounding their death by the police or the coroner can take much longer, and we have found that families are often kept in the dark during this investigation, compounding their grief. Consulting or hiring a New Orleans wrongful death lawyer can help you and your family to perform an investigation and to preserve evidence immediately. Louisiana law recognizes two actions: wrongful death and survival, which can be used by a New Orleans wrongful death lawyer to help you following a tragic event.
A New Orleans wrongful death lawyer can bring a survival action, which allows recovery of damages that the deceased victim would have been able to pursue if they were still alive. In New Orleans, this includes, but is not limited to, the victim's pain and suffering, medical expenses, and lost wages incurred from the time of the accident until their death.
A New Orleans wrongful death attorney can bring an action for wrongful death, which would provide compensation to the loved ones for the loss they suffered as a result of the deceased victim's death. Recoverable damages include the loss of love, affection and companionship of the deceased victim as well as the past and future grief and anguish of the surviving family members. Additionally, the family members can recover the loss of support from the deceased victim. The wrongful death action also allows recovery for the funeral and burial expenses incurred for the deceased victim.
WHO CAN BRING A WRONGFUL DEATH CLAIM UNDER NEW ORLEANS WRONGFUL DEATH LAWS
Under Louisiana law, the following parties may file a wrongful death or survival action, depending on the circumstances:
1. Surviving spouse or children of the deceased victim;
2. The surviving parent or parents;
3. The deceased victim's surviving siblings;
4. The surviving grandparents of the deceased victim
5. The victim's estate may file a claim
For both of these actions, a claim must be made within one year of the victim's death.
Our attorneys have handled many New Orleans wrongful death and survival actions as well as cases in the surrounding areas. We have handled wrongful death actions where a loved one was killed in a car accident and wrongful death cases where a loved one died in jail. These cases can be very complicated, so it is important to consult an experienced New Orleans wrongful death attorney to investigate any potential claim that you may have.
- Megan C. Kiefer is a partner at Kiefer & Kiefer. She is a personal injury lawyer who has handled wrongful death cases .
This is provided for informational purposes only and not for the purpose of providing legal advice.