Losing a loved one is never easy, especially when their death was caused by someone else’s negligence. If your family member was killed in an accident in Gretna, LA, at Santana & Blanchard Personal Injury Lawyers, our Gretna wrongful death lawyers can help. Contact us today at (504) 323-6000.
How Santana & Blanchard Personal Injury Lawyers Can Help With Your Family’s Wrongful Death Claim in Gretna, Louisiana
If you’ve lost a loved one in a preventable accident, you deserve all of the compensation available under Louisiana law. Santana & Blanchard Personal Injury Lawyers can help you pursue the full value of your claim and work to hold the responsible party accountable.
We aren’t afraid to stand up to anyone and will exhaust every resource we can, including taking your case all the way to trial if that’s what’s best. Our Gretna personal injury lawyers can help by:
- Investigating the cause of death
- Identifying all the responsible parties
- Gathering key evidence to support your claim
- Calculating the full value of your losses
- Filing legal paperwork and managing deadlines
- Negotiating with insurance companies
- Taking the case to court if necessary
We’re here to take on the legal burden so that your family can focus on grieving and healing. Contact our wrongful death lawyers in Gretna, LA, today for a free case review.
What Is Wrongful Death Under Louisiana Law?
In Louisiana, a wrongful death occurs when someone dies due to the fault of another person or entity. This could be due to negligence, recklessness, or even intentional misconduct.
Common situations that can lead to wrongful death include:
- Car accidents
- Medical malpractice
- Workplace incidents
- Defective products
- Dangerous property conditions
- Violent acts, such as assault
Ultimately, the goal of a wrongful death claim is to compensate surviving family members for the loss of their loved one.
Who Can File a Wrongful Death Claim in Louisiana?
State law outlines exactly who can file a wrongful death lawsuit. In Louisiana, the right to file follows a strict order:
- The surviving spouse and children of the deceased
- If none, the surviving parents
- If no parents, then the surviving siblings
- If none of the above, the surviving grandparents
If no one in the above categories exists, or they choose not to file, a representative of the estate may pursue a claim on behalf of the deceased.
What Damages Can Be Recovered in a Gretna Wrongful Death Claim?
A successful wrongful death claim can help you recover compensation for a wide range of losses. Louisiana law allows surviving family members to recover both economic and non-economic damages.
Examples of damages may include:
- Funeral and burial costs
- Medical bills related to the final injury or illness
- Loss of the deceased’s income and financial support
- Loss of household services and guidance
- Pain and suffering, including grief and emotional distress
- Loss of companionship and consortium
The exact amount will depend on the facts of your case and how the death has impacted your life.
What Is a Survival Action in Louisiana?
In addition to a wrongful death claim, your family may be eligible to file a survival action. This is a separate type of claim that seeks damages the deceased would have been entitled to if they had survived the incident.
Survival actions can include compensation for:
- The pain and suffering your loved one endured before passing
- Lost wages between the date of injury and the date of death
- Medical expenses they incurred before dying
These claims are typically filed by the estate and can proceed alongside a wrongful death lawsuit.
How Long Do I Have To File a Wrongful Death Lawsuit in Louisiana?
Despite recent changes in the law for most personal injury cases, Louisiana still has one of the shortest deadlines in the country for wrongful death and survival action claims. Under state law, you must file your lawsuit within one year of the person’s death.
Missing this deadline can prevent you from recovering any compensation, no matter how strong your case may be. If you believe your family has a claim, it’s best to speak with a lawyer as soon as possible to protect your rights.
Schedule a Free Consultation With a Gretna Wrongful Death Attorney
If you lost a family member in an accident caused by someone else, you may be entitled to substantial compensation. A wrongful death lawsuit won’t undo the loss you’ve experienced, but it can provide much-needed financial support and accountability.
At Santana & Blanchard Personal Injury Lawyers, we understand what you’re going through. With 26 years of combined experience and millions recovered, we’re prepared to fight for the justice your loved one deserves.
Contact our compassionate Gretna wrongful death attorneys today to schedule a free consultation.