Was your loved one killed because of someone else’s actions in Metairie, Louisiana? The at-fault party may owe your family financial compensation. We know it can be tough to take on a legal battle when you’re grieving the loss of a loved one. An experienced Metairie wrongful death lawyer at Santana & Blanchard Personal Injury Lawyers can help you fight for every dime you deserve.
Since our law firm was founded, we’ve successfully recovered millions of dollars in settlements and verdicts. You can count on us to put the full weight of 26 years of experience to work in your case.
The person responsible for your loved one’s death should be held accountable. We can help you fight to recover compensation for lost financial support, pain, grief, and the loss of your loved one’s company and support. Contact us today at (504) 323-6000 to schedule a free consultation.
Why Should I Trust Santana & Blanchard Personal Injury Lawyers to Handle My Family’s Wrongful Death Claim in Metairie, LA?
Losing a loved one can leave you feeling overwhelmed, helpless, and weighed down by grief. When someone else is responsible, you’re also forced to deal with the fact that your loss was preventable.
You have the right to seek compensation. That said, you shouldn’t be forced to deal with the legal battle alone–not during this difficult time.
Our experienced Metairie personal injury attorneys at Santana & Blanchard Personal Injury Lawyers can help. We have the experience, resources, and in-depth knowledge of Louisiana law necessary to win your case.
When you hire us, you benefit from a dedicated team to:
- Carefully investigate the circumstances of your loved one’s death
- Assess all evidence and identify the at-fault party
- Work with leading experts as we build your case
- Evaluate your damages and calculate your case value
- Aggressively negotiate with the insurance companies for a full settlement
- Provide the legal guidance you need at every turn
Getting the maximum compensation possible is our top priority–and we’re passionate about getting justice. You can learn more about our skills and experience by calling for a free consultation with our Metairie personal injury lawyers today.
How Do I Know Whether I Have a Valid Wrongful Death Lawsuit in Louisiana?
Louisiana defines wrongful death as any death caused by the fault of another person. You could have a valid case if your loved one died because of someone else’s careless, reckless, or wrongful actions.
Typically, when someone causes another harm, the victim has the right to seek compensation. In wrongful death cases, the victim’s surviving family members retain that right.
Wrongful death cases can be based on any number of scenarios, including:
- Car accidents
- Truck accidents
- Slip and fall accidents
- Dangerous property conditions
- Medical malpractice
- Motorcycle accidents
- Pedestrian accidents
- Bicycle accidents
- Bus accidents
- Uber or Lyft accidents
- Boating accidents
- Construction accidents
- Workplace accidents
- Dog bites
- Defective products
- Nursing home abuse and neglect
- Intentional violence
If you’re wondering whether you have a valid case, call our Metairie wrongful death attorneys today. We’ll schedule a free case review where we can listen to your story and explain your legal options.
Who Can File an Action for Wrongful Death in Louisiana?
In Louisiana, only certain close family members have the right to file a wrongful death lawsuit.
The lawsuit can be filed by:
- The victim’s surviving spouse
- The victim’s children
- The victim’s parents, if the victim did not have a surviving spouse or child
- The victim’s siblings, if there is no surviving spouse, child, or parent
- The victim’s grandparents if there is no spouse, child, parent, or sibling
Louisiana’s wrongful death laws are clear that adoptive family members have the same rights as biological family members.
How Do Wrongful Death Cases in Louisiana Work?
Wrongful death cases are handled in Louisiana civil courts. The remedy is financial compensation.
No criminal penalties are involved in wrongful death cases. In fact, most cases don’t even involve criminal matters. If your loved one died due to someone’s criminal actions, the criminal charges are resolved separately in criminal court.
How Much Compensation Is My Metairie Wrongful Death Case Worth?
You may wonder how it’s ever possible to put a dollar value on such an unimaginable loss. No amount of money can take away your pain.
Still, as the plaintiff in a wrongful death case, you must prove how much compensation you deserve. The insurance companies and at-fault parties won’t simply hand over a check that accounts for your losses.
Our lawyers will assess the value of your case by evaluating the unique facts, including:
- The medical bills and other expenses incurred before your loved one’s death
- Your loved one’s age and life expectancy
- The value of your loved one’s lost earnings, considering educational history, work history, and prior earnings
- Whether any young children or financial dependents survived the victim
- How your loved one contributed to your family’s household before their death
- How your family’s life has changed due to your loss
You shouldn’t have to deal with the defendants on your own. Our lawyers can step in and use our years of negotiating skills to make the legal process as easy as possible for your family.
What Types of Damages Are Available to Survivors in a Wrongful Death Lawsuit?
Survivors can seek compensation for the losses they’ve suffered due to the untimely loss of a loved one.
Some examples of damages in wrongful death cases include:
- Loss of the victim’s financial support
- The value of household services provided by the victim prior to death
- Medical bills incurred between the date of injury and date of death
- Funeral costs
- Loss of a reasonably anticipated inheritance
- Loss of the victim’s employment benefits, including retirement and healthcare benefits
- Loss of consortium, or loss of a spouse’s companionship and support
- Loss of parental guidance and instruction
- Pain and suffering
Some damages are easier to prove than others. It’ll be reasonably simple to establish the value of medical costs and burial expenses. It can be much more difficult to prove the value of your pain, suffering, and trauma.
Having an experienced Metairie wrongful death attorney on your side is typically key to recovering the maximum compensation your family deserves.
How Much Do Wrongful Death Lawyers in Louisiana Charge for Legal Services?
Our team at Santana & Blanchard Personal Injury Lawyers knows that this is undoubtedly a difficult time. You only have one chance to get justice and a sense of closure. You deserve quality legal representation–and you shouldn’t have to worry about upfront costs.
That’s why we work on a contingency fee basis. There’s no cost to hire us unless we win. When we do win compensation, we take a percentage after your case is resolved.
Can My Family Recover Damages for Wrongful Death If My Loved One is Blamed for Causing Their Own Death in Louisiana?
Louisiana operates under a pure comparative negligence system. As in any personal injury case, blame is divided between all parties. Each party is then held responsible for their share of fault.
For example, if your loved one is found to be 30% responsible, your family’s compensation is reduced by 30%.
Allegations that a decedent caused their own death aren’t always fair. Blame-the-victim tactics are often designed to limit the insurance company’s payment obligations. Your loved one isn’t here to defend themselves, but our lawyers are up to the challenge. Call us for legal advice today if the defendant is trying to blame the victim.
What Do I Have to Prove to Recover Compensation for Wrongful Death in Louisiana?
Wrongful death cases are very similar to personal injury cases. You’ll have to establish liability before your family can receive compensation. Because most wrongful death cases involve accidents, negligence is the most common legal theory involved.
Negligence means:
- The defendant had a legal duty of care
- Due to some failure to exercise a reasonable level of caution, they breached that duty
- The breach of duty was the direct cause of your loved one’s death
- Your family has suffered damages due to the loss
Fatal accidents tend to happen quickly, before the victim can stop them from happening. You might not fully understand the cause of the accident. Our lawyers have the experience to find out what happened and who is responsible.
How Much Time Do I Have to File a Wrongful Death Lawsuit in Louisiana?
You have one year to file a wrongful death lawsuit in Louisiana. The one-year statute of limitations period starts to run on the date of your loved one’s death. While exceptions exist, you’ll typically lose your right to pursue compensation after one year passes.
Contact a Leading Metairie Wrongful Death Lawyer for a Free Consultation
If you have lost a loved one due to someone else’s actions, our lawyers are here to preserve and protect your right to compensation. Regardless of the circumstances, hiring a Metairie wrongful death attorney can significantly increase the amount of money you take home. At Santana & Blanchard Personal Injury Lawyers, your consultation is free. Call our law firm today to arrange a time to talk.