Wrongful Death Lawyer
Losing a loved one is devastating. The death of a spouse, child, sibling, or parent is incredibly painful. If the death was the result of someone else's negligence, then the pain also can be accompanied by confusion and anger. Could this have been prevented? Why did it happen? Who is responsible?
If a person's death was caused by the wrongful conduct of a person or group of people, then a wrongful death suit may be filed. Of course, it is important to know what a wrongful death suit is. If someone's death is caused by a reckless driver or by medical malpractice, then you may have a wrongful death case.
What Is a Wrongful Death Lawsuit?
A wrongful death is a death caused by a negligent, reckless, or intentional act committed by another. A wrongful death lawsuit not only seeks justice for the victim of the negligent act, but also for any dependents who relied on the victim for financial support. This is primarily what sets a wrongful death suit apart from other personal injury suits—the suit is brought by the victim's family members or estate.
In order to file a Louisiana wrongful death lawsuit, the following must be proved:
- The victim's death was caused by negligence or a wrongful act by the defendant.
- The victim left behind surviving beneficiaries or dependents.
- The victim's death resulted in monetary damages.
An experienced New Orleans wrongful death attorney can be the difference between success and failure. Ensure that your family has a fighting chance in court. Contact the New Orleans wrongful death lawyers at Brandner Law Firm.
What Damages Can Be Recovered for Wrongful Death?
Wrongful deaths also have financial effects on the surviving family. While some damages are measurable, such as lost potential earnings, damages for loss of companionship may also be recovered. The damages include:
- Loss of Future Earnings: This amount can be determined by measuring what the victim would have earned in salary.
- Loss of Benefits: This is the amount of retirement and pension benefits that the victim would have received.
- Loss of Companionship: These damages are measured by the pain and suffering caused by the victim's death, and the loss of emotional support in the victim's relationship.
- Direct Expenses: These damages recover the cost of medical bills and funeral expenses.
- Punitive Damages: If the victim's death is found to be the result of the defendant's negligent or intentional acts, these damages serve as both a punishment to the defendant and a warning to future offenders.
In Louisiana, punitive damages are used exclusively in wrongful deaths caused by drunk or intoxicated drivers.
Finding the Right Representation for a Louisiana Wrongful Death Case
Wrongful death lawsuits can be incredibly complicated. Determining liability, especially in a criminal wrongful death case, can be difficult. Finding the right Louisiana wrongful death lawyer can help determine the right course of action needed to secure your financial future and help recover following your loss. While a monetary award can never replace your loss, it can help ensure that your family will be provided for.
If you have recently lost a loved one because of someone else's negligence or wrongdoing, you may be eligible to file a wrongful death suit. The New Orleans and Baton Rouge wrongful death law firm, the Brandner Law Firm, has been helping grieving families recover damages for several years. New Orleans injury attorney, Michael Brandner, will fight to recover damages for you and your family, and to ensure that the party who caused your loved one's death is held responsible.