Did someone else’s actions lead to the death of a family member in Metairie? When a loved one is taken too soon—especially because of someone else’s negligence—it’s a grief unlike any other. It’s not just the emotional loss.
This kind of loss is devastating, and the legal system can feel cold and confusing in moments like this. But you’re not alone. A Metairie wrongful death lawyer from Scott Vicknair Injury Lawyers can help you pursue justice and make sure your family’s voice is heard.
As your Metairie personal injury lawyer, you can trust us to Fight for the Win on your behalf. Our attorneys have 121 years of combined legal experience and counting. Together, we’ve helped our clients recover over $100 million in compensation for people facing similar circumstances.
Eligibility to File a Wrongful Death Claim
Under Louisiana law, the following individuals are eligible to file a wrongful death lawsuit:
- Surviving spouse and children: If the deceased person was married and had children, either the surviving spouse or the children can file the claim. If both the spouse and children are alive, they may file jointly or individually.
- Surviving parents: If the deceased person was unmarried and had no children, the surviving parents may file the claim.
- Siblings and grandparents: If there are no surviving spouse, children, or parents, the deceased person’s siblings or grandparents may be eligible to file the claim.
It’s important to note that the right to file a wrongful death claim is heritable, meaning it can be passed down to heirs if the original claimant is unable to pursue the case. However, this inheritance does not extend the statute of limitations for filing the claim.
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504-500-1111Statute of Limitations for Wrongful Death Claims
In Louisiana, the statute of limitations for filing a wrongful death lawsuit is one year from the date of the deceased person’s death. This means that the surviving family members have a limited time to initiate legal proceedings.
If the lawsuit is not filed within a year, the court may dismiss the case, and the family may lose the right to seek compensation. Potential claimants must be aware of this deadline and take timely action to preserve their legal rights.
In some cases, the statute of limitations may be tolled or extended under specific circumstances, such as if the defendant is out of state or if the claimant is a minor. However, these exceptions are limited and should be discussed with a legal professional.
Types of Damages in Wrongful Death Claims
Louisiana law allows for the recovery of various types of damages in wrongful death cases. These damages are intended to compensate the surviving family members for their losses and to hold the responsible party accountable for their actions.
- Loss of love and affection: This includes compensation for the emotional pain and suffering resulting from the death of a loved one. It acknowledges the deep personal loss experienced by the family.
- Loss of financial support: If the deceased person was the primary breadwinner, the family may be entitled to compensation for the loss of income and financial support that the deceased would have provided.
- Funeral and burial expenses: The family can recover the costs associated with the funeral and burial of the deceased person.
- Medical expenses: If the deceased person incurred medical expenses before death due to the injury or illness caused by the defendant’s actions, these costs may be recoverable.
- Punitive damages: In cases where the defendant’s conduct was particularly egregious or reckless, the court may award punitive damages. These are designed to punish the wrongdoer and deter similar conduct in the future.
The specific damages available in a wrongful death case can vary depending on the circumstances and the evidence presented. Consulting with a Metairie wrongful death attorney can help clarify what damages may be applicable in a particular case.
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504-500-1111The Process of Proving a Wrongful Death Claim
To succeed in a wrongful death lawsuit in Louisiana, the claimant must establish that the defendant’s actions were the proximate cause of the deceased person’s death.
This requires demonstrating that the defendant owed a duty of care to the deceased, breached that duty, and that the breach directly resulted in the death.
Evidence that may be used to support a wrongful death claim includes:
- Medical records: Documentation of the deceased person’s injuries and treatment can help establish the cause of death.
- Witness testimony: Statements from individuals who witnessed the incident or have relevant information can be crucial.
- Expert testimony: Experts in fields such as medicine, accident reconstruction, or economics may provide testimony to support the claim.
- Police reports: Official reports can provide details about the incident and any investigations conducted.
- Photographs and videos: Visual evidence can help illustrate the circumstances surrounding the death.
Gathering and presenting this evidence effectively is essential for building a strong case. Legal professionals experienced in wrongful death cases can assist in collecting and presenting the necessary evidence.
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504-500-1111Reach Out to Our Wrongful Death Law Firm in Metairie to Learn More About How Our Lawyers Can Help You
If you’ve lost a loved one in Metairie because of someone else’s negligence, you’re likely feeling overwhelmed, heartbroken, and unsure of what to do next. While nothing can undo the loss, there are steps you can take to seek justice and protect your family’s future.
Reach out to Scott Vicknair Injury Lawyers. Our wrongful death attorneys understand what you’re going through, and we’re here to stand up for your loved one, tell their story, and pursue accountability on your behalf.
You don’t have to carry this alone. The sooner you reach out, the sooner we can help you start moving forward.