New Orleans Wrongful Death Lawyers
We Can Help Your Family Recover Damages After Tragedy
Wrongful death is one of the most tragic and infuriating injuries a person and those left behind can suffer. A wrongful death happens when the negligent conduct of a person or entity results in the preventable death of another person. Wrongful death can occur in any area of personal injury law, from a motor vehicle accident, to a defective medical device, to a construction accident.
At Minias Law, we empathize with our clients whose family member has suffered a wrongful death. No amount of money can bring that person back but recovering compensation can ease your financial burdens so your family can grieve.
Family Members File Suit
Because the person injured is no longer living, the family members of the deceased can file a wrongful death lawsuit.
Those who may file are the victim’s:
- Children
- Surviving spouse
- Beneficiaries
- Dependents
Common Causes of Wrongful Death
While there are a number of accidents and incidents that can result in wrongful death, the more common include:
- Motor vehicle accidents: These include fatal car accidents, truck accidents, motorcycle accidents, four-wheeler accidents, and go-cart accidents resulting from another driver’s negligence.
- Defective products: Defective motor vehicle parts, faulty household items, and children’s toys can be fatal if they malfunction or lack the appropriate warnings.
- Pool accidents: These include drowning deaths or fatal slip and fall accidents that often result from improper supervision or a lack of warning signs.
- Workplace accidents: A wrongful death can occur on the job and may be the result of cancer by toxic exposure or a tragic event such as a construction site accident.
- Bicycle accidents: These are common along shoulders and intersections when other drivers fail to yield or share the road with cyclists.
- Animal bites: Dog bites and attacks from other animals, especially when children are the victims, can result in death.
- Nursing home abuse: When elderly residents are neglected or abused, the results can be an untimely death.
Who Can File a Wrongful Death Claim?
In the state of Louisiana, a wrongful death lawsuit can be brought by and in the names of the personal representatives of the deceased. The person bringing the suit may be identified as the holder of the deceased’s estate in a will or even appointed by the court, but this person is not necessarily the one who will receive compensation in the lawsuit.
The following people have the right to file a claim:
- A surviving spouse
- Surviving children
- If there is no spouse or children, then the surviving parents
- If there is no spouse, children, or parent, then any surviving brothers or sisters
- If there is no spouse, children, parent, or sibling, then any surviving grandparents
The best way to determine if you are entitled to file a wrongful death lawsuit is with the help of an experienced attorney. Please call the New Orleans wrongful death lawyers at Minias Law at (504) 777-7LAW to schedule your free, one-on-one consultation today.
Damages in a Wrongful Death Lawsuit
The damages sought in a wrongful death lawsuit will be dependent on the role the deceased played in the family.
Typically, damages sought will include:
- End of life and funeral expenses
- Projected future wages
- Pain and suffering experienced by the deceased
- Projected retirement and/or 401(k) income
- Future insurance costs
- Loss of companionship or society
- Emotional duress
- Projected future financial contributions to things such as mortgage and tuition
It is, of course, impossible to place a price on the value of your loved one’s life. However, financial concerns can be taken care of to help guard the future security of your family. In addition, emotional damages caused by your loss can, in many cases, increase your settlement amount. Our wrongful death attorneys will do everything possible, and take your case as far as necessary, to see that you are awarded every penny you are due.
Wrongful Death Due to Medical Malpractice
In its strictest definition, wrongful death is any loss of life that could have been prevented if another party had acted responsibly. In medical malpractice cases, determining wrongful death requires the experience of a dedicated attorney.
The New Orleans medical malpractice lawyers at Minias Law have extensive experience dealing with these particularly complex cases. In your time of need, we are prepared to establish liability, fight for your rights, and get you the maximum compensation you will require to carry on.
According to the Institute of Medicine, medical malpractice results in 48,000 – 98,000 preventable deaths in the United States every year. Despite this staggering number, very few medical malpractice cases result in a proper settlement for surviving family members.
There can be a number of causes of wrongful death due to medical malpractice. This may include but is not limited to:
- Surgical errors
- Medication errors
- Missed, delayed, or wrong diagnoses
- Emergency room errors
- Birth injuries
To establish liability, you will need an attorney on your side who knows how to analyze medical records and who has medical experts available.
We work with medical experts to pour over the details of your case. This enables us to build a strong case on your behalf, hold all responsible parties liable, and fight to get you the justice you deserve.
When you lose a loved one to medical malpractice, filing a lawsuit may be the last thing on your mind. It is important to remember, however, that there is a statute of limitations on these claims. The medical professionals responsible will be working to limit their liability as soon as the tragedy occurs. Only with an aggressive New Orleans medical malpractice attorney on your side can you ensure you are treated fairly and provided the full compensation you deserve.
Contact Experienced New Orleans Wrongful Death Lawyers, We Can Help
Your initial call to Minias Law is always free, and we work on a contingency basis. You pay no fees unless we win your case.