Compassionate Legal Assistance After the Loss of a Loved One

Losing a loved one is already hard enough, and a New Orleans, LA wrongful death claim lawyer can empathize with the added pain of realizing someone you deeply cherish was taken before their time. Wrongful death happens when a person or party is responsible for why another’s life was lost. There are limitless situations in which this can occur, but we have gone into further detail below. If you suspect that your loved one died as the result of another’s recklessness or negligence, then we encourage you to reach out to us at Kiefer & Kiefer for a consultation. Your family could be owed compensation for all you have endured. And while payment cannot undo the damage done, it can at least financially support you as you go through this period of grief. Attorney Nat Kiefer, Jr. has litigated over 200 trials and has what it takes to help your case. 

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Understanding Wrongful Death Claims

Wrongful death claims are legal actions brought against a party or parties believed to be responsible for the death of an individual due to their negligence or intentional actions. The purpose of these claims is to provide family members with an avenue to seek compensation and justice following the death of a loved one.

What Can Constitute a Wrongful Death

Determining whether a situation constitutes a wrongful death can be complex. However, while every case can be different, our lawyer often looks for the following elements:

  • Negligence or Wrongful Act Occurred. It must be shown that the death was caused by the negligence or wrongful act of another party. This can include actions such as reckless driving, medical malpractice, or product defects.
  • Duty of Care Was Owed. The responsible party must have owed a duty of care to the deceased. For instance, doctors have a duty of care to their patients, and drivers have a duty to follow traffic laws.
  • Causation. There must be a direct link between the negligent or wrongful act and the death. Determining causation is a crucial factor when determining if someone can be held liable for wrongful death.
  • Surviving Family Members Suffered Damages. To pursue a wrongful death claim, surviving family members must have suffered damages as a result of the death. Certain damages can include funeral costs, medical bills while the victim was still alive, compensation for emotional distress, and more.

Determining Liability and Pursuing Compensation in a Wrongful Death Case

In wrongful death claims, determining liability is a critical step. It involves gathering evidence, witness statements, and expert testimonies to establish that the responsible party was indeed negligent or engaged in wrongful actions. Our attorneys can launch detailed and extensive investigations, ensuring we leave no stone unturned, in determining liability.

Compensation in Wrongful Death Claims

Compensation in wrongful death claims can cover various losses, including:

  • Medical Expenses. If the deceased incurred medical bills before their passing, these expenses can be included in the claim.
  • Funeral and Burial Costs. The costs associated with funeral and burial services can be substantial and are often recoverable.
  • Lost income. When a loved one passes away,  their family may find it harder to financially survive due to that loved one contributing to the home’s overall income. In a wrongful death case, the family can obtain lost income or wages.
  • Pain and Suffering. Surviving family members may be eligible to seek compensation for their emotional suffering and loss of companionship.
  • Punitive Damages. In some cases, punitive damages may be awarded to punish the responsible party for their reckless or intentional actions

Damages Available In A Wrongful Death Lawsuit

Our New Orleans wrongful death claim lawyer can explain that wrongful death lawsuits are legal actions brought by the survivors or beneficiaries of a deceased person against the party responsible for the death. These lawsuits aim to hold the responsible party accountable for their actions or negligence that led to the death of a loved one. In such cases, various types of damages may be sought to compensate the survivors for their losses and suffering. The following are the different damages available in a lawsuit.

Economic Damages

Economic damages, also known as pecuniary damages, are intended to compensate the survivors for the financial losses incurred due to the death of their loved ones. These damages include:

  • Loss of Financial Support. This covers the income and financial contributions that the deceased would have provided to their family had they survived. It takes into account the victim’s earning potential, employment history, and future income projections.
  • Funeral and Burial Expenses. These costs can be significant, and the at-fault party may be required to cover all reasonable funeral and burial expenses, ensuring that the family does not bear the financial burden of the final arrangements.
  • Medical Expenses. If the victim incurred medical bills related to the accident or negligence that caused their death, these expenses may also be compensated in a wrongful death lawsuit.

Non-Economic Damages

As our lawyer can explain, non-economic damages are intended to compensate for intangible losses that the survivors have endured as a result of their loved one’s death. They include:

  • Pain and Suffering. This category covers the physical and emotional pain and suffering experienced by the deceased before their death. It also accounts for the emotional distress and mental anguish suffered by the survivors due to their loss.
  • Loss of Companionship and Consortium. Survivors often experience a profound loss of companionship, guidance, and support when a loved one dies. This loss of emotional and familial support is compensated for in this category.

Punitive Damages

Punitive damages are not always awarded in wrongful death cases, but they are intended to punish the responsible party for their reckless or intentional conduct. The purpose of these damages is to deter others from engaging in similar behavior in the future and to send a message that such actions will not be tolerated. Punitive damages are typically awarded when the at-fault party’s actions are deemed grossly negligent or malicious.

Survival Damages

Survival damages are distinct from wrongful death damages and are awarded on behalf of the deceased person’s estate. They include:

  • Pain and Suffering Before Death. This covers the physical and emotional pain and suffering experienced by the victim as a result of the negligent act or injury that led to their death.
  • Medical Expenses. Any medical expenses incurred by the victim before their death as a result of the negligent act are included in survival damages.

Loss Of Inheritance

In some cases, survivors may also seek damages for the loss of the victim’s potential inheritance. This is calculated based on the expected value of the assets and property that the deceased would have left to their survivors had they lived a normal life expectancy.

Situations That Can Constitute Wrongful Death

  • Car Accidents

Car accidents happen frequently all across the roadways of the United States, and beyond. If a driver was speeding, tailgating, running a red light, or otherwise being careless and causing an accident to happen, then they could be liable for any wrongful death that ensued. People can get seriously injured in car collisions, and it may turn fatal. If your loved one was in a car accident with someone else and that other driver was at fault, now is the time to speak with our New Orleans wrongful death claim lawyer about pursuing justice.

  • Truck Accidents

Commercial trucks are hefty vehicles that often are carrying around substantial weight. Due to the difference in size and weight between a truck and a passenger vehicle, in the event of a crash, it isn’t uncommon for those in the car to suffer the most injury. A truck driver may have been fatigued, distracted, speeding, or engaging in another behavior that was putting the safety of others on the road at risk. If your relative was in a truck collision and lost their life, please contact us right away for help. We can handle the legal aspect while you take care of yourself and your family. 

  • Medical Malpractice

It’s an unfortunate reality that sometimes doctors make grave mistakes that affect the well-being of their patients. Whether the error was intentional or not, it doesn’t matter. To have grounds for a medical malpractice wrongful death case the doctor must have strayed from the standard expected in the medical community, which led to the patient’s death. Examples of medical malpractice can be related to prescription mistakes, surgical mishaps, incorrect or delayed diagnosis, misinterpreting lab results, and more. 

New Orleans Wrongful Death Claim Infographic

What Can Constitute A Wrongful Death

New Orleans Wrongful Death Claim Statistics

According to the National Center for Health Statistics, in the United States, there are an estimated 2.4 million wrongful death cases filed each year. This statistic shows the high number of wrongful death cases that occur each year. It is important to note that not all wrongful death cases are successful, but even if a case is not successful, it can still be an important way to hold those responsible for wrongful deaths accountable.

New Orleans Wrongful Death Claim Lawyer FAQs

If your family member was killed due to someone else’s negligent actions, contact our team. Your family may be entitled to compensation. Here are some frequently asked questions and answers about wrongful death claim lawyers.

What is a wrongful death claim lawyer?

A wrongful death claim lawyer is a legal professional who specializes in handling cases where an individual has died due to the negligence or intentional actions of another party. These lawyers are experienced in navigating the complex legal processes associated with wrongful death claims and seek to help the surviving family members obtain compensation for their losses.

When should I consider hiring a wrongful death claim lawyer?

If you believe that the death of a loved one was caused by the actions or negligence of another person, company, or entity, it is advisable to consult with a wrongful death claim lawyer. Common scenarios include car accidents, medical malpractice, workplace accidents, and criminal activities. The lawyer can assess the circumstances surrounding the death and determine if there are grounds for a wrongful death claim.

What compensation can I seek in a wrongful death claim?

Compensation in a wrongful death claim can vary depending on factors such as the circumstances of the death, the financial impact on the surviving family, and the jurisdiction. Typically, compensation may cover medical expenses, funeral costs, loss of financial support, and emotional distress. A wrongful death claim lawyer can help assess the specific damages applicable to your case.

How is liability determined in a wrongful death claim?

Liability in a wrongful death claim is established by demonstrating that the defendant’s actions or negligence directly contributed to the death. This often involves gathering evidence, interviewing witnesses, and consulting with experts to build a strong case. Wrongful death claim lawyers use their legal expertise to navigate the complexities of the legal system and present a compelling argument for liability.

How long do I have to file a wrongful death claim?

The statute of limitations for filing a wrongful death claim varies by jurisdiction, so it’s crucial to consult with a lawyer promptly. In many cases, there is a limited window of time within which the claim must be filed. Failing to meet this deadline could result in the loss of the right to pursue compensation. We  can guide you on the specific deadlines applicable to your case.

What sets a good wrongful death claim lawyer apart?

A skilled wrongful death claim lawyer possesses a combination of legal knowledge, experience, and compassion. They should have a track record of successfully handling similar cases, understanding the emotional toll on the grieving family, and demonstrating a commitment to securing fair compensation. Effective communication and transparency are also key traits, ensuring that clients are informed and involved throughout the legal process.

How much does hiring a wrongful death claim lawyer cost?

Many wrongful death claim lawyers work on a contingency fee basis, meaning they only receive payment if they successfully secure compensation for the client. This arrangement allows individuals with valid claims to access legal representation without upfront costs. It’s important to discuss the fee structure with the lawyer during the initial consultation to ensure a clear understanding of the financial terms.

Kiefer & Kiefer, New Orleans Wrongful Death Claim Lawyer

1100 Poydras Street., Suite 1300 New Orleans, LA 70163

Contact Our New Orleans Wrongful Death Claim Lawyer Today

Attorney Nat Kiefer, Jr. has decades of experience with personal injury claims and has what it takes to help you. If you have lost a loved one in an accident, contact Kiefer & Kiefer to meet with our skilled New Orleans, LA wrongful death claim lawyer to find out what legal recourse you may have.