If you suffered the tragic and unexpected loss of a loved one in Metairie, LA, your family may deserve compensation. The responsible party should be held fully accountable. You’ll only have one chance to recover full compensation for your devastating loss. An experienced Metairie wrongful death lawyer at Mansfield Melancon Car Accident and Personal Injury Lawyers can help you maximize your financial recovery.
We have over 50 years of combined experience helping families like yours, and we’ve successfully recovered tens of millions of dollars for our clients.
You don’t have to let the responsible party off the hook. When someone causes a deadly accident, they should be held fully responsible. Call our law offices in Metairie, Louisiana, at (225) 263-4787 to learn how we can make that happen today. Your consultation is entirely free of charge.
How Mansfield Melancon Car Accident and Personal Injury Lawyers Can Help With Your Wrongful Death Case in Metairie, LA
Most wrongful death cases start with an insurance claim. The insurance adjuster may seem entirely sympathetic. They’ll claim to be on your side and ready to help you get the money you rightfully deserve.
Many families quickly find that this doesn’t seem to be true. In reality, it’s the insurance adjuster’s job to find ways to reduce the value of your claim.
It’s important to protect yourself by hiring an experienced Metairie personal injury attorney. Our team at Mansfield Melancon Car Accident and Personal Injury Lawyers has the skill, experience, and track record of success to help.
Hiring us gives you a full legal team to:
- Conduct a full investigation to locate the evidence you need
- Carefully analyze the evidence to identify all responsible parties
- Collaborate with leading experts who can strengthen your case
- Expect claims of shared fault and be prepared to defend your loved one’s memory
- Evaluate the value of your damages
- Negotiate with the insurance company for a full settlement
- Advocate for your rights in court if necessary
Our Metairie personal injury lawyers are always available to discuss your options. Contact us today to schedule a free case review.
Overview of Louisiana Wrongful Death Laws
When someone is injured in an accident, they have the right to pursue compensation from the at-fault party. This right doesn’t disappear because an injury is fatal. The right to take legal action instead transfers to another party if the death is classified as “wrongful”.
A wrongful death in Louisiana is any death caused by the fault of another person. Any action, whether it’s negligent, criminal, or simply results from a lack of skill, can give rise to a wrongful death lawsuit.
How Do Wrongful Death Cases in Louisiana Work?
Wrongful death cases are entirely separate from criminal matters. Most wrongful death claims are based on accidents or negligence.
Here are some basic concepts to understand about wrongful death lawsuits:
- The purpose of a wrongful death claim is to compensate surviving family members for their losses, rather than to impose punishment on the at-fault party
- Survivors must prove their wrongful death case by a “preponderance of the evidence” standard, which means it’s “more likely than not true” that the defendant was responsible
- Survivors do not need a criminal conviction to win compensation for wrongful death. In fact, you can secure compensation for wrongful death even if the defendant was acquitted of criminal charges, and even if no criminal activity was involved at all
Wrongful death cases are decided in civil court, if trial becomes necessary. Most cases start by filing a claim with an insurance company. Trial only becomes necessary if settlement negotiations are unsuccessful.
Who Can File an Action for Wrongful Death in Louisiana?
Louisiana wrongful death laws give the following parties the right to sue for wrongful death:
- The victim’s surviving spouse
- Children
- The victim’s parents, if no children or spouse exist
- The victim’s siblings, if no living parent, child, or spouse are present
- Grandparents, when no living parents, siblings, children, or spouse exist
Louisiana law is clear that adoptive family members have the same rights as biological family members when it comes to wrongful death claims.
What is My Family’s Metairie Wrongful Death Case Worth?
Your case value will hinge primarily on:
- The financial losses you’ve suffered, including medical costs
- The victim’s age and life expectancy
- The ages and identities of surviving dependents, including the spouse and children
- How the victim contributed to their family
- The pain, suffering, and trauma your family has endured
- How your family’s life has changed
Serious injury cases tend to be worth more. Fatal injuries are the most serious imaginable. While that means your case may be worth more than others, it also means the insurance company will work that much harder to downplay your losses or deny your claim.
What Types of Damages Are Available in a Louisiana Wrongful Death Lawsuit?
Compensation in a wrongful death case is meant to help surviving family members cope with their losses. As such, the specific damages that are available will depend on how the death has changed the family’s life.
Examples of the types of compensation that may be available in a successful wrongful death case include:
- Medical bills to treat the victim’s injuries between the date of injury and the date of death
- Funeral costs and burial expenses
- Loss of the victim’s financial support, including lost job benefits
- Loss of the value of the victim’s household services, including increased childcare costs
- Loss of future earnings
- Loss of inheritance
- Pain and suffering
- Mental trauma and distress
- Loss of a parent’s support, guidance, and company
- Loss of consortium, or loss of a spouse’s companionship
Wrongful death cases can be tricky because most of your losses are future losses and non-economic damages. Assigning a dollar value to these types of damages often requires the help of experts.
Our attorneys have relationships with respected experts in a variety of relevant fields. With their help, we’ll be well-positioned to fight for the full compensation you deserve.
How Much Does it Cost to Hire a Wrongful Death Lawyer in Louisiana?
Our law firm represents clients on a contingency fee basis. Our fees are directly based on the results we achieve for your family. When we recover compensation in your case, you pay us a percentage to cover attorneys’ fees. There’s no fee unless we win.
How Can Louisiana Shared Fault Laws Impact the Value of My Wrongful Death Claim?
Louisiana pure comparative negligence laws apply in both personal injury and wrongful death cases. The decedent’s shared fault is a factor that can impact the value of your settlement or verdict.
However, because of the system in Louisiana, your family won’t lose your right to compensation unless your loved one was 100% responsible.
Instead, liability is divided among the parties. Your family’s compensation will be reduced in proportion to your loved one’s share of blame.
How Do I Know Whether I Have a Valid Wrongful Death Case?
Just about any negligent act or act of violence can give rise to a valid wrongful death claim.
At Mansfield Melancon Car Accident and Personal Injury Lawyers, we handle all types of cases, including those involving:
- Car accidents
- Slip and fall accidents
- Motorcycle accidents
- Pedestrian accidents
- Bicycle accidents
- Truck accidents
- Commercial vehicle accidents
- Bus accidents
- Uber or Lyft accidents
- Boating accidents
- Premises liability matters
- Construction accidents
- Workplace accidents
- Dog bites
- Product liability matters
- Medical malpractice
- Nursing home abuse and neglect
- Assault and violence
Reach out to our team today if you’ve recently lost a loved one due to someone else’s actions. Our Metairie wrongful death attorneys can handle the legal issues while you take care of yourself.
How Do I Prove I Deserve Financial Compensation in a Louisiana Wrongful Death Case?
Negligence is by far the most common legal theory brought up in wrongful death cases. Accidents are extremely common. Even though the defendant’s acts weren’t intentional, they can be held liable for failing to exercise reasonable caution.
The elements of a negligence claim are:
- Duty of care
- Breach of duty
- Causation, meaning that the breach directly caused the death
- Damages, or the losses you suffered
Evidence in wrongful death cases can vary significantly depending on the circumstances of your loved one’s death. Accident reports, evidence from an accident scene, witness statements, and even medical records can be critical evidence in your case.
How Long Do I Have to File a Wrongful Death Lawsuit After a Fatal Accident in Louisiana?
Under Louisiana law, you have one year from the date of your loved one’s death to file a lawsuit. This one-year statute of limitations period is much shorter than many other states. That makes consulting an experienced wrongful death attorney quickly even more important.
Contact a Skilled Metairie Wrongful Death Lawyer for a Free Consultation
The preventable loss of a loved one is one of the most traumatic experiences a family will have to endure. If someone else was at fault, our team at Mansfield Melancon Car Accident and Personal Injury Lawyers can help. Contact us today to learn more about how an experienced Metairie wrongful death lawyer can help you recover the maximum compensation you deserve.
