Dedicated Assistance After a Case of Wrongful Death

Realizing that your loved one was taken before their natural time can be a traumatic experience, and if you are in search of a lawyer, you can rely on our New Orleans, LA wrongful death lawyer to support you. Few things in life compare to the pain of losing a loved one. The death of a relative, regardless of the circumstances, can be heartbreaking enough to endure. But when their death has been brought on by the recklessness or negligence of someone else, the psychological toll can be exacerbated significantly. If you are considering filing a wrongful death case against a responsible party, then we suggest speaking with us at Kiefer & Kiefer as soon as you are able. We understand the gravity of the situation and are prepared to handle your case. Attorney Megan Kiefer is a third-generation lawyer and knows what it takes to help you with your case.

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Proving Wrongful Death

Before you can file a wrongful death lawsuit, certain elements must apply, in addition to evidence for your claims. To have a case prevail in the state of Louisiana, you must demonstrate that your loved one passed away, that an intention to cause harm or negligence is associated with the death, and as surviving family members you have had financial hardships as a result. During your consultation with our lawyer, we can assess evidence and see if more information can be uncovered that is unavailable to you currently. More proof may be brought to light by having a lawyer intervene and perform their own investigation. 

Types of Wrongful Death Lawsuits

There are numerous situations and environments in which someone may lose their life wrongfully. Common examples of lawsuits in Louisiana include medical malpractice, aircraft accidents, boating accidents, motor vehicle collisions, product defects, drowning, premises liability, workplace accidents, and construction accidents. With such a range of potential causes for wrongful death, it can be challenging to know for sure if your situation constitutes a lawsuit. The best way to know for sure is to get a case evaluation from a legal professional who is specifically informed about the wrongful death law. 

How Our Wrongful Death Lawyer Can Help You

When faced with a loved one dying due to the negligence of another party, it’s essential to reach out to our lawyer who can provide you with legal advice alongside compassion. We are here to provide you with unwavering support and guidance during this challenging time.

Experience in Wrongful Death Cases

Our seasoned team of wrongful death attorneys has a thorough understanding of the law, regardless of the circumstances or conditions surrounding a case. We have successfully represented numerous clients throughout the city, ensuring they receive the legal support they need to navigate the intricacies of wrongful death claims.

Compassion and Understanding

Wrongful death cases often mean intense financial strains alongside emotional distress for you and your family. Our wrongful death lawyers approach each case with genuine compassion and unwavering understanding. We are here to listen to your unique circumstances, address your concerns, and guide you through the legal process with care and empathy.

Thorough Investigation

Whenever handling a case, we always conduct a thorough investigation and leave no stone unturned when gathering evidence. Our lawyers work diligently to investigate your case, collect critical evidence, and build a strong argument on your behalf.

Negotiation Skills

Insurance companies often will try to minimize a settlement for a victim’s family. Our wrongful death lawyer in New Orleans has honed their negotiation skills, allowing us to advocate effectively for your rights and secure a fair settlement that covers your losses.

Litigation Experience

While our attorneys understand that settling outside of the courtroom is often the preferable option, we also understand that sometimes it’s necessary to take a case to court. We never back away from taking a case to court if we feel that that’s the best strategy. With a strong track record in New Orleans, we are wholly dedicated to achieving the best possible outcome for our clients.

Types of Wrongful Death Cases We Handle

Our attorneys have extensive experience and knowledge in handling all sorts of wrongful death cases, including:

  • Fatal Accidents. When a loved one has lost their life in a tragic accident, we investigate the circumstances and pursue the responsible parties for damages.
  • Medical Malpractice. If medical negligence has led to the wrongful death of your family member, we can help you seek justice and compensation.
  • Product Liability. If a defective product caused the fatal incident, our lawyers can pursue a product liability claim on your behalf.
  • Workplace Accidents. When a workplace accident results in a wrongful death, we can assist in determining liability and pursuing a wrongful death claim.

Types of Accidents That Can Result in Wrongful Death Claims

Each lawyer from our law firm is dedicated to getting families the financial justice they deserve for the death of their loved ones. Wrongful death lawsuits can arise from various types of accidents and incidents where an individual’s death is attributed to the negligence or wrongful actions of another party. These lawsuits seek to hold the responsible party accountable and provide compensation to surviving family members. Here are five different types of accidents that can result in a wrongful death lawsuit:

  • Car Accidents

Car accidents are a leading cause of wrongful death claims. When a person dies because of another driver’s negligence, such as speeding, drunk driving, distracted driving, or reckless behavior, surviving family members may pursue a wrongful death lawsuit. These lawsuits can provide compensation for medical expenses, funeral costs, lost income, and the emotional pain and suffering experienced by the victim’s loved ones.

It’s important to note that wrongful death claims can also involve accidents where the responsible party is not a driver, such as accidents caused by defective vehicle components or poorly maintained roadways.

  • Medical Malpractice

Medical malpractice occurs when healthcare professionals, including doctors, nurses, or hospitals, fail to provide a standard level of care, resulting in a patient’s death. Wrongful death claims in medical malpractice cases may involve surgical errors, medication errors, misdiagnosis, birth injuries, and more.

  • Workplace Accidents

Workplace accidents can lead to wrongful death claims when a fatal incident occurs due to unsafe working conditions, inadequate training, or equipment failures. Common workplace accidents that can result in wrongful death lawsuits include falls from heights, industrial accidents, exposure to hazardous substances, construction accidents, and more.

Employers must provide a safe work environment, and when they fail to do so, resulting in an employee’s death, surviving family members may seek compensation through a wrongful death lawsuit.

  • Product Liability Accidents

Product liability wrongful death claims arise when a defective or dangerous product causes a person’s death. This can include defective consumer products, pharmaceuticals, medical devices, or automotive parts. If a product’s design, manufacturing, or labeling is found to be responsible for the death, the manufacturer or distributor may be held liable for damages in a wrongful death lawsuit.

Such claims can be complex and may require investigations into the product’s design, production process, and safety testing. This is why it is important to work with a skilled and experienced New Orleans wrongful death lawyer.

  • Criminal Acts

Wrongful death lawsuits can also result from criminal acts, such as homicide or assault. When a person’s actions lead to another person’s death, criminal charges may be filed, but surviving family members can also pursue a civil wrongful death lawsuit against the perpetrator to seek compensation for their losses.

While criminal charges aim to punish the wrongdoer, wrongful death lawsuits focus on providing financial relief to the deceased person’s family, including covering funeral expenses, medical bills, lost financial support, and emotional distress.

New Orleans Wrongful Death Infographic

Wrongful Death Claims In Medical Malpractice

New Orleans Wrongful Death Statistics

According to the National Safety Council (NSC), in 2021, there were almost 225,000 preventable deaths in the United States. Another 62 million people suffered injuries: all at a cost nationally of more than $1 billion. Unintentional injury death is now the fourth leading cause of death in this country.

New Orleans Wrongful Death FAQs

Who Can Sue For Wrongful Death In Louisiana?

The loss of a loved one is an incredibly painful experience, and it can be even more challenging when the death is due to someone else’s negligence or wrongful actions. In Louisiana, wrongful death claims allow certain family members to seek compensation for their loss. Understanding who is eligible to file a wrongful death lawsuit is essential for those seeking justice and financial relief. Here, we address some frequently asked questions about who can sue for wrongful death in Louisiana.

Who Is Eligible To File A Wrongful Death Lawsuit In Louisiana?

In Louisiana, the law specifies a hierarchy of individuals who are eligible to file a wrongful death lawsuit. The primary right to sue lies with the surviving spouse and children of the deceased. If there is no surviving spouse or children, the right to file a claim passes to the surviving parents. If there are no surviving parents, the deceased’s siblings can file a wrongful death claim. In the absence of siblings, the deceased’s grandparents may bring the lawsuit. It’s important to consult with our firm to ensure that you have the legal standing to file a claim.

Can Multiple Family Members File Separate Wrongful Death Claims?

No, Louisiana law does not allow multiple family members to file separate wrongful death claims. Instead, all eligible family members must join together in a single lawsuit. This ensures that the court can address the totality of the family’s loss in one comprehensive case. 

What Types Of Damages Can Be Recovered In A Wrongful Death Lawsuit?

In a wrongful death lawsuit, eligible family members can seek various types of damages. These include economic damages, such as funeral and burial expenses, medical bills incurred before death, and lost income or financial support that the deceased would have provided. Non-economic damages can also be claimed, which cover the emotional and psychological impact of the loss, including pain and suffering, loss of companionship, and mental anguish. In some cases, punitive damages may be awarded if the defendant’s conduct was particularly reckless or malicious.

Is There A Time Limit To File A Wrongful Death Lawsuit In Louisiana?

Yes, Louisiana law imposes a statute of limitations on wrongful death claims. The lawsuit must be filed within one year of the deceased person’s death. This time limit is strictly enforced, and missing the deadline can result in losing the right to pursue compensation. It’s crucial to act promptly and consult with your lawyer as soon as possible to ensure that your claim is filed within the legal timeframe.

What If The Deceased Had No Will Or Estate Plan?

The absence of a will or estate plan does not prevent eligible family members from filing a wrongful death lawsuit. The right to file a wrongful death claim is independent of the deceased’s estate and is determined by Louisiana’s wrongful death statutes. Even without a will, the designated family members specified by law (spouse, children, parents, siblings, or grandparents) retain the right to seek compensation. Consulting with a wrongful death lawyer can help clarify the process and ensure that the claim is handled appropriately.

Kiefer & Kiefer, New Orleans Wrongful Death Lawyer

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

Contact Our New Orleans Wrongful Death Lawyer Today

Understanding who can sue for wrongful death in Louisiana is crucial for those seeking justice and compensation for their loss. The law provides a clear hierarchy of eligible family members, ensuring that the right individuals can file a claim. By consulting with a skilled lawyer, like those at Kiefer & Kiefer, you can navigate the legal complexities and work towards securing the compensation you deserve. If you have any questions or need assistance with a wrongful death claim, contact us today to schedule a consultation. Attorney Megan Kiefer is known as a “pitbull” and someone you want on your side in times of need. Our dedicated team is here to support you through this challenging time and help you achieve justice for your loved one. Speak with our wrongful death lawyer in New Orleans today.