If your loved one died as a result of another’s negligent or wrongful actions, we offer our sincerest condolences. There is nothing more difficult than losing a loved one, particularly when that loved one’s death could have—and should have—been prevented. Filing a lawsuit against the liable person or party may be, understandably, the furthest thing from your mind. However, you may be entitled to financial recovery and the justice that comes with a successful wrongful death lawsuit and, in Louisiana, you typically only have one year to bring a claim.
At The Voorhies Law Firm, our New Orleans wrongful death attorneys represent individuals who have lost a family member in an auto accident, as a result of medical malpractice, or in any other type of accident or incident caused by negligence. Our legal team is well-respected in the legal community for our unwavering commitment to our clients’ cases. One of our attorneys has earned inclusion in the Super Lawyers® Rising Stars℠ list for 2014, as well as selection as one of the Top 40 Lawyers Under 40 by the American Society of Legal Advocates.
A wrongful death lawsuit arises when a person’s negligence or intentional misconduct results and/or contributes to the death of another. Wrongful death cases can arise out of various forms of negligent conduct, including car accidents, medical malpractice, defective products, premises liability, and chemical exposure, just to name a few.
Liability for a wrongful death can fall on individuals, physicians, corporations, and/or government entities. Wrongful death actions are covered under Louisiana Civil Code §23152.2, which states that when a person dies due to the fault of another, a lawsuit may be brought to recover damages sustained by certain persons.
Louisiana law provides that the victim’s named beneficiaries have the exclusive right to bring suit for the damages that they themselves have suffered as a result of the victim’s demise. Typically, the victim’s named beneficiaries must bring suit within one year of the date of the victim’s death.
Named beneficiaries may include any of the following:
Additionally, anyone else who was dependent on the deceased or who was explicitly named as a beneficiary of the deceased may bring a claim.
In Louisiana, the classes of wrongful death beneficiaries are successively exclusive. For example, if the wrongful death victim leaves a surviving spouse and children, only those class members may bring a wrongful death lawsuit. But if the wrongful death victim has no surviving spouse/children, the right to bring a wrongful death action then passes exclusively to the next class members in line, which, in this scenario, would be the victim’s parents. That is to say, a wrongful death lawsuit can be brought only by the highest-ranked class of survivors of the victim.
Because of the often-confusing nature of who owns the legal right to bring a wrongful death action, it is important to consult a knowledgeable wrongful death attorney in New Orleans or the surrounding areas after the death of a family member.
When searching for a wrongful death lawyer in New Orleans, Baton Rouge, Lafayette or the surrounding areas of Louisiana, contact The Voorhies Law Firm and learn about your legal right to bring a wrongful death lawsuit. As we do for most types of personal injury cases, we will work off of a contingency fee in prosecuting your wrongful death lawsuit. This means there are no out-of-pocket expenses for you and our attorneys only collect fees if and when they successfully recover compensation on your behalf.
Contact The Voorhies Law Firm to schedule your free case evaluation with one of our New Orleans experienced attorneys.
Wrongful death claims include all types of fatal accidents, from drunk driving accidents to backyard pool drownings to elevator accidents, birth injuries, offshore injuries, and everything in between. Whether the death occurred due to a purposeful act, recklessness, or if it was a complete accident, the surviving family members have every right to bring a claim to court and seek damages.
Legal damages recoverable under a wrongful death case in Louisiana include:
If you have recently lost a loved one due to someone else’s negligence or careless actions, you are most likely at a complete loss and you need help. Enduring the death of a loved one or family member can be extremely difficult on its own. If your loved one has been taken from you prematurely, however, the loss and heartache can most certainly feel like a tremendous injustice.
The Voorhies Law Firm has the knowledge and resources to properly handle your wrongful death lawsuit. With so much at stake, it is important that you contact a wrongful death attorney who understands the intricacies involved in pursuing these types of claims.
Choose a legal team who truly cares for your well-being. At The Voorhies Law Firm, we: