Did Your Family Suffer a Tragic Loss? Our New Orleans Law Firm Can Help
Losing a loved one is always a tragic event, even if you had some notice the loss was coming. Suddenly losing a healthy family member in a fatal accident can be particularly traumatic, as your family did not ever expect the death to occur at that time. Aside from the emotional trauma, a sudden death can cause serious financial strain on a household, especially if the victim provided financial support. Family members can be left wanting closure and justice, as well as assistance with their new financial challenges.
Louisiana law addresses the rights of family members who lose loved ones in certain situations. Wrongful death laws vary from state to state and can be complicated, so if you suffered a death you believe to be wrongful in New Orleans, you need a law firm that handles this type of claim in The Big Easy. The legal team at Egenberg, APLC, fully understands Louisiana law and how the courts work in the New Orleans area. Please contact our office today for more information.
When Is a Death Wrongful?
Under state law, a wrongful death occurs when “a person dies due to the fault of another.” “Fault” can be based on negligent acts, such as in a car accident, or intentional acts, such as a violent shooting. “Another” can refer to any party that acted wrongfully and may include other individuals, companies, or even government entities. The following are some of the common causes of wrongful death in the New Orleans area:
- Auto accidents
- 18-wheeler accidents
- Boat accidents
- Cruise ship accidents
- Motorcycle accidents
- Bicycle accidents
- Pedestrian accidents
- Nursing home abuse
- Dog attacks
- Accidents involving defective products
- Gunshots, stabbings, or other violent assaults
Each wrongful death case has a unique set of circumstances and should be approached based on the type of accident that occurred and the identity of the liable party or parties. Our skilled personal injury lawyers have handled cases involving a wide variety of accidents and understand how to handle all types of wrongful death claims. We can inform you whether a death was wrongful under the law and identify your rights to compensation.
Who Can File a Claim?
Not everyone has the right to bring a wrongful death lawsuit after losing a loved one. For example, if you lost your best friend, you may be devastated but the law does not give you the right to seek compensation. Instead, the following people have the right to file a claim:
- A surviving spouse
- Surviving children
- If there is no spouse or children, the surviving parents
- If there is no spouse, children, or parent, any surviving brothers or sisters
- If there is no spouse, children, parent, or sibling, any surviving grandparents
Family members by adoption are eligible to file a claim just like biological family members. However, if a parent abandoned the victim when they were a child, they are not later eligible to collect on a wrongful death claim.
The Legal Process
The legal process after a wrongful death can be complicated and can involve many steps. However, Louisiana only gives family members one year after a death to file a claim, so it is important to start the process as soon as possible. Our attorneys know that dealing with the aftermath of a death is certainly difficult and can be all-consuming, but if you wait too long to call, you risk losing important financial compensation for your family. Know that we handle every step of the process for you, so you can remain focused on the best interests of your family in this emotional time.
The first step in the legal process is to determine which parties should be held liable for the death. Such parties can include drivers, companies that sold defective products, companies that employed negligent employees, and more. In some cases, more than one party will be involved. Once we establish liability, we work to calculate the amount of damages you should recover for your losses.
In many cases, we will file an insurance claim on your behalf with the appropriate insurance companies. Insurers can be difficult to deal with, so we handle all communications and review all settlement offers for you. While some cases may be resolved through the insurance process, many insurance companies refuse to offer the full amount you deserve. In these situations, we can file a wrongful death lawsuit in Louisiana civil court.
Civil litigation is no easy task. There are many rules and procedures set out both by law and by individual judges in different courtrooms. It is important to have a lawyer handling your claim who understands every step of the litigation process and how to adhere to any necessary rules to give your case the best chance at a favorable outcome. The lawyers at Egenberg, APLC have extensive litigation experience and know how to gather evidence, file persuasive motions, and aggressively negotiate for a favorable settlement agreement. In the rare situation that your lawsuit goes to trial, we know how to represent your rights and interests in front of a jury.
Surviving families deserve compensation for the following:
- Emergency medical treatment prior to the death
- Funeral and burial costs
- Lost financial support and wages
- Lost household services
- Lost companionship, care, support, and guidance
- Pain and suffering experienced by the deceased
We know that no amount of money can fully compensate you for a sudden and tragic loss, but we will protect your rights to move forward in the best financial situation possible and with a sense of justice for your loved one.
Contact a Dedicated New Orleans Wrongful Death Attorney as Soon as Possible
At Egenberg, APLC, our attorneys love the city of New Orleans and all it has to offer. However, we also realize there are risks of fatal injuries everywhere you turn, and we have seen the aftermath of many wrongful deaths. Please call us at (504) 229-5700 or contact us online to learn more about your rights after losing a loved one.