Who Can File a Wrongful Death Claim in New Orleans?

When it comes to filing a wrongful death claim in New Orleans, a lot of questions can arise. Whether you are a surviving spouse, child, parent, or sibling, know your rights and what steps to take. If you find yourself in this difficult situation, the reputable, diligent, caring New Orleans wrongful death attorneys at Egenberg Trial Lawyers are more than happy to answer any of your questions.

The Relationship Between Wrongful Death Claims and Criminal Charges

A wrongful death claim is a civil action or lawsuit seeking damages for the death of a loved one due to negligence. It is separate from any criminal charges that may be filed against the responsible party. However, evidence from a criminal case, such as police reports or witness testimonies, can be used to help establish negligence in a wrongful death claim. As New Orleans wrongful death attorneys, we highly recommend that you pursue both.

Who Is Eligible to File a Wrongful Death Claim?

In the state of Louisiana, only certain family members are eligible to file a wrongful death claim. These eligible family members include the surviving spouse, children, parents, siblings, and grandparents of the deceased. Adopted family members have the same rights as blood or marriage-related family members, ensuring that they are not deprived of seeking justice.

There are, however, some exceptions to this eligibility requirement. A parent who abandoned the deceased during childhood may not be allowed to file a wrongful death claim. Likewise, if a parent, spouse, or child intentionally killed or tried to kill the decedent, they are prohibited from receiving compensation through a wrongful death claim. If you have questions about a unique situation for a wrongful death case, such as a fiance or ex-spouse, don’t hesitate to contact one of the New Orleans wrongful death lawyers at Egenberg Trial Lawyers.

The Importance of Timely Filing

In Louisiana, both wrongful death claims and survival actions must be brought within one year of the death. This time restriction is significant for several reasons. Firstly, timely filing prevents the loss of evidence and witnesses’ recollection. As time goes on, evidence can become compromised or completely disappear, making it harder to build a strong case. Additionally, witnesses may forget important details over time, potentially weakening the case. Act promptly because this time limit is strictly enforced. Failure to start your claim within the prescribed time frame can result in losing your right to seek financial compensation. 

The Option of Survival Actions in Louisiana

In addition to wrongful death claims, Louisiana also allows for survival actions. A survival claim can be brought if the decedent survived for a period of time before passing away. This type of claim seeks damages for the pain and suffering the deceased person endured before their long, slow death, as well as any medical expenses incurred during that time. Again, reach out to one of our New Orleans wrongful death lawyers to get started on a survival action case.

Damages That Can Be Recovered in a Wrongful Death Claim

In a wrongful death claim, eligible family members can seek compensation for various damages like economic losses, such as medical expenses, funeral and burial costs, and loss of future income. Additionally, damages can be sought for loss of companionship, mental anguish, and emotional distress endured as a result of the loved one’s wrongful death.

In certain cases, punitive damages can also be awarded. Punitive damages are intended to punish the wrongdoer for their wanton and reckless disregard for the decedent’s rights and safety. As wrongful death cases with punitive damages are rare, please contact Egenberg Trial Lawyers with your questions—each case is unique.

Seeking Justice for Witnesses

Did you know that witnesses to the negligent actions that caused the injuries leading to the wrongful death may have the right to seek compensation as well? Witnesses who suffer mental anguish or emotional distress as a result of seeing the accident or incident that caused your loved one’s loss have their own right to financial compensation. It is not necessary to be a close family member or qualifying filer to file a lawsuit based on witnessing the negligent death.

Wrongful Death FAQs

Here are the most common questions we hear as New Orleans wrongful death lawyers:

• Do I need an attorney to file a wrongful death claim? While it is not required to have an attorney, it is highly recommended. Having a knowledgeable attorney by your side can significantly increase your chances of obtaining a fair settlement or winning your case in court.
• How much does it cost to hire a wrongful death attorney? Most wrongful death attorneys work on a contingency fee basis, which means we only get paid if we win your case. Our fees are a percentage of the compensation you receive.
• How long does a wrongful death claim take to resolve? The timeline can vary depending on the complexity of the case and whether a settlement can be reached or if the case goes to trial. Some cases can be resolved within a few months, while others may take several years. 
• What happens if the responsible party denies liability? If the responsible party denies liability for the wrongful death, it may be necessary to file a lawsuit and take the case to court. In court, the evidence and testimony will be presented, and a judge or jury will determine whether the responsible party is liable for the death. 
• Can I still file a wrongful death claim if the responsible party is facing criminal charges? Yes, civil wrongful death claims are separate from criminal cases and deal with the compensation for the family’s losses rather than punishment for the liable party. A conviction can strengthen your case.

Need a New Orleans Wrongful Death Lawyer?

If you are seeking justice and compensation for the wrongful death of a loved one in New Orleans, the trusted, diligent, and compassionate team at Egenberg Trial Lawyers is eager to help. To set up a time to speak to one of our New Orleans wrongful death attorneys, contact our office now.