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Wrongful Death Attorney in New Orleans

new orleans wrongful death

Without a doubt, New Orleans exudes a charisma that sets it apart from any other city in the United States. However, beneath the surface of its streets and historic charm, wrongful deaths loom. From crimes to the persisting issues of inequality, the shadows of tragedy occasionally darken this vibrant city. When these tragic accidents occur the need for a New Orleans Wrongful Death Lawyer arises.

At Gordon McKernan Injury Attorneys, we recognize that losing a cherished individual cannot be erased. This is why our compassionate team of wrongful death lawyers is ready to assist you. Until that time arrives, please accept our deepest sympathies and heartfelt condolences as we acknowledge the difficult time you’re experiencing.

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Understanding New Orleans Wrongful Death Lawsuits

When a tragic loss occurs as a result of negligence, the surviving family members can pursue a wrongful death lawsuit. Such legal action aims to hold responsible parties accountable for their actions on behalf of the deceased. 

By seeking help from a New Orleans wrongful death lawyer, you can gain legal help tailored to your specific circumstances. By doing so, you can ensure that your claim is handled skillfully and with confidence.

Common Triggers for New Orleans Wrongful Deaths

Wrongful death transpires when “a person dies due to the fault of another.” The culpable party may manifest as an individual or an entity, be it a corporation or a workplace. 

Wrongful deaths can arise from a spectrum of circumstances, encompassing acts of negligence or deliberate intent. Let us shed light on the prevalent causes that lead to wrongful death in New Orleans:

doctor shocked at a wrongful death claim
  • Instances of medical malpractice
  • Harrowing car accidents, truck accidents, and motorcycle accidents
  • Aviation mishaps, spanning from charter plane accidents to private plane accidents
  • Catastrophic offshore helicopter accidents
  • Air ambulance incidents that turn fatal
  • Incidents stemming from defective products
  • Premises-related accidents, such as slips and falls
  • Occupational hazards or exposure resulting in fatal consequences
  • Cases of neglect and abuse within nursing homes or assisted living care facilities
  • Heinous criminal acts, ranging from stabbings to shootings and other acts of violence

Awareness of these common triggers can empower individuals to comprehend the gravity of wrongful death. It also underscores the need for pursuing legal help from a New Orleans wrongful death lawyer.

Compensation for Damages in the Aftermath of Wrongful Death

In the event of a successful wrongful death lawsuit, the awarded damages serve one of three purposes. Each one addresses specific aspects of the loss:

Economic Damages:

  1. Following the tragic loss of a family member or loved one, there are various costs incurred by the surviving individuals, including:
    • Funerary expenses and medical bills
    • Loss of benefits, such as medical insurance or retirement plans
    • Loss of the deceased’s future income
    • Deprivation of inheritance due to the untimely death

Each of these economic damages holds a lot of value, allowing for the pursuit of compensation.

Non-economic Damages:

  1. Non-economic damages encompass losses that lack an exact monetary value, extending beyond financial considerations. These damages encompass intangible aspects and include:
    • Emotional anguish, pain, and suffering
    • Deprivation of companionship with the deceased
    • Loss of consortium with the deceased
    • Diminished enjoyment of life

These non-economic damages recognize the huge impact on the plaintiff and aim to address these intangible losses.

Punitive Damages:

  1. In exceptional cases of extreme negligence or misconduct, the judge or jury may award punitive damages in a wrongful death lawsuit. Unlike economic or non-economic damages, punitive damages serve as a form of punishment and discourage similar behavior in the future. Punitive damages are for instances where the defendant displayed gross negligence, resulting in the loss of life.

The availability of these damages may vary based on the specific circumstances of the case. Consulting with a skilled New Orleans wrongful death lawyer can help provide further guidance.

Catastrophic Injury Vs. Wrongful Death: What’s the Difference?

Important Note: Both catastrophic injury claims and wrongful death claims involve life-altering damages. However, they are distinct legal actions with different procedures and requirements.

parents talking to lawyer about financial devistation

𝐂𝐚𝐭𝐚𝐬𝐭𝐫𝐨𝐩𝐡𝐢𝐜 𝐈𝐧𝐣𝐮𝐫𝐲:

  • Spinal cord injuries
  • Traumatic brain injuries
  • Severe burns
  • Amputations

𝐖𝐫𝐨𝐧𝐠𝐟𝐮𝐥 𝐃𝐞𝐚𝐭𝐡:

  • Involves the unexpected loss of a loved one
  • Causes financial and emotional devastation for surviving family members

Wrongful Death Claims & Catastrophic Injury Claims:

𝐂𝐚𝐭𝐚𝐬𝐭𝐫𝐨𝐩𝐡𝐢𝐜 𝐈𝐧𝐣𝐮𝐫𝐲 𝐂𝐥𝐚𝐢𝐦:

  • Initiated by individuals with severe and permanent injuries
  • Seeks compensation for:
  • Medical expenses
  • Lost income
  • Pain and suffering

𝐖𝐫𝐨𝐧𝐠𝐟𝐮𝐥 𝐃𝐞𝐚𝐭𝐡 𝐂𝐥𝐚𝐢𝐦:

  • Filed by surviving family members
  • Results from the death of an individual due to negligence, recklessness, or intentional actions
  • Seeks compensation for:
  • Funeral and burial expenses
  • Lost income
  • Loss of companionship and support

This is why you should talk to a New Orleans wrongful death accident lawyer. They will ensure you go after the right legal course of action.

Filing Requirements for a Wrongful Death Claim in New Orleans

If a wrongful death occurs, Louisiana Civil Code §2315.2 outlines which family members have the right to seek compensation for damages through a lawsuit. The eligible parties include:

  1. The surviving spouse and/or children of the deceased
  2. If there are no surviving spouse or children, the surviving parents of the deceased
  3. If neither spouse, children, nor parents survive, the surviving siblings of the deceased
  4. If there are no surviving spouse, children, parents, or siblings, the surviving grandparents of the deceased

*It’s important to note that this also includes family members related to adoption.* Furthermore, it’s crucial to be aware of the time limit. Louisiana law sets a one-year statute of limitations for filing a wrongful death claim

Call a New Orleans Wrongful Death Lawyer Today

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The loss of a loved one in an accident can leave you overwhelmed with grief, frustration, and anger. While we understand that no amount of money can bring them back, a wrongful death settlement may help you move forward.

At Gordon McKernan Injury Attorneys, we offer free legal consultations. Plus, we don’t require any upfront fees – we only get paid when we win your case. It’s The G Guarantee

Call a New Orleans wrongful death attorney to seek the justice you deserve after the death of your loved one. We’re ready to help in any way that we can!

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