Metairie Wrongful Death Lawyer
The sudden and unexpected loss of a family member is always devastating. But this trauma is often compounded by the knowledge that their loved one’s death was unnecessary. Indeed, there are far too many cases where an individual died as the result of the negligent or intentional actions of another person.
In such cases, the surviving family members have the right to bring a wrongful death lawsuit. An experienced Metairie wrongful death lawyer can provide you with skilled, compassionate advice during this difficult period. At Palazzo Law Firm, we have successfully represented many families who are struggling with their grief. We understand that a financial settlement can never replace their lost loved one. But we also recognize that holding the responsible parties accountable can help bring a certain sense of closure and enable the families to begin the process of moving on.
Who Can Bring a Wrongful Death Claim in Louisiana?
A wrongful death lawsuit is a special type of personal injury claim recognized by Louisiana law. Normally, if you are injured in an accident caused by someone else’s negligence, you would file your own personal injury lawsuit against them. But a deceased individual cannot sue, so the wrongful death law permits immediate family members to pursue damages instead.
Who can actually file a wrongful death claim generally depends on the familial status of the victim. The law breaks down as follows:
- If the victim was married and/or had children, then their surviving spouse or children can bring a wrongful death lawsuit.
- If the victim had no surviving spouse or children, then the right to file a wrongful death lawsuit falls to the victim’s surviving parents.
- If the victim had no surviving spouse, children, or parents, then the right to file a wrongful death lawsuit falls to any surviving siblings, otherwise to any surviving grandparents.
It is important to note that Louisiana has a one-year statute of limitations in wrongful death cases. This generally means one year from the date of the victim’s death. That is not as much time as you might think, especially since wrongful death cases often involve complex factual and legal questions that must be fully investigated. Some of the more common causes of wrongful death claims include car accidents, slip and fall accidents, defective consumer products, nursing home abuse and neglect, and even intentional criminal acts like murder. It is therefore important to seek out timely legal advice as soon as possible following a family member’s death.
Contact The Palazzo Law Firm Today
In a wrongful death case, the surviving family members can recover the victim’s funeral costs and final medical bills, as well as compensation for the family’s loss of the victim’s future income and benefits. The family can also seek non-economic damages for their own emotional pain and suffering and the loss of their loved one’s companionship and support.
So if you have recently lost a family member and need legal advice on what steps to take next from a qualified Metairie wrongful death lawyer, contact Palazzo Law Firm today to schedule a free consultation.
