What is Wrongful Death?
A wrongful death lawsuit arises when a person's negligence or intentional misconduct results and/or contributes to the death of another. Wrongful death cases can arise out of various forms of negligent conduct including auto accidents, medical malpractice, defective products, premises liability and chemical exposure, just to name a few.
Louisiana law provides that the wrongful death victim's named beneficiaries have the exclusive right to bring suit for the damages that they themselves have suffered as a result of the worngful death victim's demise. Typically, the wrongful death victim's named beneficiaries must bring suit within one year of the date of the victim's death.
Legal damages recoverable under a wrongful death case in Louisiana include loss of love, affection, companionship, mental anguish, loss of services, loss of support from the date of death, loss of future support, loss of consortium, and medical expenses. That's why you need a wrongful death attorney close to you to seek justice for this tragedy.
In Louisiana, the classes of wrongful death beneficiaries are successively exclusive. For example, if the wrongful death victim leaves a surviving spouse and children, only those class members may bring a wrongful death lawsuit. But if the wrongful death victim has no surviving spouse/children the right to bring a wrongful death action then passes exclusively to the next class members in line, which, in this scenario, would be the victim's parents. That is to say, a wrongful death lawsuit can be brought only by the highest ranked class of survivors of the victim. Because of the confusing nature of who owns the legal right to bring a wrongful death action it is important to consult a knowledgeable wrongful death attorney following the death of a family member.
DID YOU LOSE A LOVED ONE IN AN ACCIDENT?
At The Voorhies Law Firm, our New Orleans personal injury attorneys represent individuals who have lost a family member in an auto accident ,medical malpractice or other type of accident.
Our legal team is well respected in the legal community and our unwavering commitment to our clients' cases has earned one of our personal injury attorney's inclusion in the Super Lawyers® Rising Stars℠ list for 2014, and selection as one of the Top 40 Lawyers Under 40 by the American Society of Legal Advocates.
WHAT IS A WRONGFUL DEATH CLAIM?
Wrongful death claims include all types of fatal accidents from drunk driving accidents, to a backyard pool drowning, to elevator accidents, birth injuries, offshore injuries, and everything in between.
Whether the death occurred due to a purposeful act, recklessness, or if it was a complete accident, the surviving family member has every right to bring a claim to court and seek damages for:
- Funeral and burial expenses
- Medical expenses for deceased
- Lost wages of the deceased
- Loss of companionship
Liability for a wrongful death can fall on individuals, physicians, corporations, and government entities. Wrongful death actions are covered under Louisiana Civil Code §23152.2, which states that when a person dies due to the fault of another, a lawsuit may be brought to recover damages sustained by the following persons:
- Surviving spouse and child or children of the deceased
- Surviving mother and father, if no surviving spouse or children
- Surviving brothers and sisters, if no surviving spouse, children, or parents
- Surviving grandfathers or grandmothers, if there is no spouse, children, or siblings
Demand Justice for Your Loved One Today
If you have recently lost a loved one due to someone else's negligence or careless actions, you are most likely at a complete loss and you need help. Enduring the death of a loved one or family member can be extremely difficult on its own. If your loved one has been taken from you prematurely, however, the loss and heartache can most certainly feel like a tremendous injustice.
The Voorhies Law Firm has the knowledge and resources to properly handle your wrongful death lawsuit and offers a free consultation to the wrongful death victim's family member(s). With so much at issue, it is important that you contact an attorney who understands the intricacies involved in prosecuting a wrongful death lawsuit.
Choose a legal team who truly cares for your well-being:
- We offer free consultations to our clients.
- We accept wrongful death claims on a contingency fee basis only.
- We have recovered tens of millions in verdicts and settlements for our clients.
- We refer our clients to world-class medical experts for appropriate treatment, if necessary.
- We are a locally owned law firm that goes above and beyond the call of duty for our community.
The Voorhies Law Firm Can Stand Up for You. Call Us for a FREE Consultation
When searching for a wrongful death lawyer in New Orleans, Baton Rouge, Lafayette or surrounding areas of Louisiana, call or email The Voorhies Law Firm and learn about your legal rights to bring a wrongful death lawsuit. Like many types of personal injury cases, The Voorhies Law Firm will work off of a contingency fee in prosecuting your wrongful death lawsuit.