New Orleans
Wrongful Death Lawyer
But it’s an important part of our job, because wrongful death lawsuits can be critical for families recovering from the loss of someone dear to them.
If someone is negligently responsible for your loved one’s death, you are entitled to the compensation that you need in order to recover. With decades of personal injury and wrongful death case experience under our belt, Kiefer & Kiefer is here to help.
New Orleans
Wrongful Death Lawyer
As New Orleans personal injury attorneys, one of the hardest parts of our job is counseling clients who have lost loved ones.
But it’s an important part of our job, because wrongful death lawsuits can be critical for families recovering from the loss of someone dear to them.
If someone is negligently responsible for your loved one’s death, you are entitled to the compensation that you need in order to recover. With decades of personal injury and wrongful death case experience under our belt, Kiefer & Kiefer is here to help.
”“Knowledgeable and responsive. So helpful during a very difficult time.”
~ Matthew F.
Causes of Wrongful Death in Louisiana
When families lose a loved one due to someone else’s negligent actions, they can file a “wrongful death” lawsuit. This lawsuit will hold the person or company responsible accountable for their actions, and recover compensation for the damages that the family has suffered as a result of their loss.
Here are some of the types of accidents that can be grounds for a wrongful death suit in Louisiana:
- Police brutality
- Medical malpractice
- Defective products
- Workplace accidents
- Assault, manslaughter, or murder
- Car accidents
- Truck accidents
- Police brutality
- Medical malpractice
- Defective products
- Workplace accidents
- Assault, manslaughter, or murder
A wrongful death suit is a legal avenue for you to seek compensation for the pain, suffering, and economic damages you sustain after you lose a loved one. In addition to a wrongful death suit, certain individuals may file a survival action, which seeks compensation for the pain, suffering, and damages your loved one sustained before they died.
Filing a Wrongful Death Suit in Louisiana
At Kiefer & Kiefer, we understand the financial and emotional difficulties that families face after the death of a loved one. It’s vital that you and your family get the compensation that you deserve.
Typically, Louisiana law allows certain members of the deceased person’s family to bring forward a wrongful death claim, including:
- The deceased person’s spouse
- The deceased persons’ children
- The deceased person’s parents, if they have no surviving spouse or children
- The deceased person’s siblings, if they have no surviving spouse, children, or parents
- The deceased person’s grandparents, if they have no surviving spouse, children, parents, or siblings
Once you’ve established that you are able to file a wrongful death suit on behalf of your deceased loved one, you must prove that their death was the result of someone else’s negligent actions.
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Damages You Can Recover in a Wrongful Death Suit
An experienced New Orleans wrongful death attorney can help you with establishing liability, as well as presenting evidence of your damages.
These damages can include:
- Loss of income or financial support
- Loss of child care
- Medical bills
- Funeral and burial expenses
- Emotional trauma
- Loss of companionship
- Pain and suffering on the part of the deceased
- Loss of income or financial support
- Loss of child care
- Medical bills
- Funeral and burial expenses
- Emotional trauma
- Loss of companionship
- Pain and suffering on the part of the deceased
Wrongful Death Attorney FAQs
What Is Wrongful Death?
Wrongful death is used to refer to the death of someone due to the negligence or intentional actions (like assault or assault with a deadly weapon) of another party. Wrongful death can occur in any number of circumstances, including medical malpractice, car wrecks, criminal acts, or contaminated consumer products. Certain members of the deceased’s family may bring the claim, and any award or settlement is typically paid to the estate of the deceased. Damages that families can claim include the material losses of funeral and burial expenses, as well as the loss of contribution to the household (either breadwinner support or non-material support, like homemaking or child-rearing).
Who Can File a Wrongful Death Claim?
Usually, it’s the deceased’s immediate family that can file a wrongful death claim, This includes the parents, children, or spouse. In some situations, siblings or other close relatives may have the right to file a claim, as well, if they were financially dependent on the deceased. However, it’s usually the representative of the deceased’s estate that actually files the claim (like the executor of the will or a court-appointed estate administrator). It’s important to speak with a qualified wrongful death lawyer, like those at Keifer & Keifer, to determine your eligibility for a wrongful death claim and understand the legal process for filing it.
How Is Liability Determined in a Wrongful Death Case?
Liability hinges on proving the negligence or intentional wrongdoing of the defendant. There are four elements that your wrongful death lawyer must prove:
- The defendant had a duty of care for the deceased’s safety
- The defendant’s actions, negligence, or inaction breached this duty of care
- This breach led to the harm that the deceased suffered, and, ultimately their death
- The deceased (and their family) suffered damages
Your attorney may use accident reports, police statements, medical records, and eyewitness testimony to build the case. In addition, your attorney may gather other evidence that helps paint the picture of the defendant’s wrongdoing.
Can I File a Claim If the Deceased Contributed to Their Death?
Yes, you may still file a wrongful death claim if you believe that your deceased loved one may have contributed to the incident that caused their death. It depends on what your jurisdiction’s regulations about comparative negligence are. So, while you may file the suit and secure a settlement or jury award if the deceased contributed to their own death, the award may be reduced by the amount they contributed to the incident. For example, if the claim is for $10,000, and a judge determines that the deceased contributed 5% of the blame for the accident, then the award will be reduced by 25%, making it $7,500.
What If the Death Was Accidental? Can I Still File a Claim?
Yes, as long as your wrongful death lawyer can prove that negligence or other wrongful conduct was involved in the incident, then it may still be considered a wrongful death. For example, if your loved one passes away in a car accident, there’s a good chance that the defendant did not intend to cause a deadly crash, but their negligent actions (like drinking and driving or using their phone while driving) led to the accident. Even though your loved one’s death was an accident, the defendant may still have breached their duty of care for their safety and can be held accountable for all the losses stemming from the incident. It’s critical to talk to an experienced wrongful death lawyer who can evaluate the situation and give you advice for the next legal steps forward.
1.9 MILLION
2020: WRONGFUL DEATH DUE TO CHEMICAL EXPOSURE
Contact Kiefer & Kiefer
At Kiefer & Kiefer, we have represented New Orleans families in lawful death cases for three generations. We go above and beyond for our clients and do everything in our power to be of assistance.
Contact us today to schedule a free consultation and talk about your case.
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