Losing a loved one in an accident is one of the hardest things any family can face. If you’re dealing with this kind of loss in Metairie, you might feel overwhelmed with grief, anger, and uncertainty about what to do next. Whether the accident happened in a car accident on Veterans Memorial Boulevard or while the family was at a football game at Joe Yenni Stadium, you deserve answers and accountability.
Wrongful death claims are designed to help families like yours get justice and financial support after a tragedy. At Poolson | Oden Injury Lawyers, we understand what you’re going through, and we’re here to help you navigate the legal process. We will stand by your side, handling the legal details while you focus on healing.
Don’t let the insurance companies take advantage of your grief. Call us today for a free consultation and learn how our Metairie personal injury lawyers can help you pursue a wrongful death claim in Metairie.
Distinguishing Between Wrongful Death Claims and Survival Actions in Louisiana
When a loved one dies due to someone else’s negligence, families in Louisiana may have two legal options to seek justice: wrongful death claims and survival actions. While these claims are related, they serve different purposes. Here’s what you need to know about each one.
What Is a Wrongful Death Claim?
Under CC 2315.2, a wrongful death action allows the family of the deceased to seek compensation for their own losses caused by the death. These damages may include the following:
- Funeral and burial expenses
- Loss of companionship
- Loss of financial support
Essentially, the focus is on the suffering and financial hardships the family endures as a result of losing their loved one.
What Is a Survival Action?
A survival action, on the other hand, is intended to compensate for the pain, suffering, and medical expenses the deceased experienced before passing away, per CC 2315.1.
In a survival action, the victim is injured and survives for a time before passing. The estate essentially steps into the shoes of the deceased, pursuing the compensation the deceased could have claimed if they had survived the accident.
Key Differences Between the Two
The primary difference is that a wrongful death claim compensates the family for their losses, while a survival action addresses the suffering and costs endured by the deceased before they passed away. Both can be pursued simultaneously, but they cover different types of damages.
The wrongful death lawyers serving Metairie with Poolson | Oden Injury Lawyers can examine the details of your family’s case and explain your legal options.
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Wrongful Death Accidents We’ve Handled for Our Clients
In Louisiana, wrongful death claims arise from a variety of tragic accidents caused by negligence. These accidents can lead to fatal injuries, leaving families seeking justice and compensation for their losses. Below are common types of accidents that may result in a wrongful death claim:
- Railroad accidents
- Maritime accidents
- Car accidents
- Truck accidents
- Motorcycle accidents
- Boating accidents
- Workplace accidents
- Exposure to harmful chemicals and carcinogens, such as asbestos, benzene, and diesel
- Medical malpractice
- Defective products
- Premises liability (e.g., hazardous conditions, slip and fall, trip and fall)
- Pedestrian and bicycle accidents
Any accident that costs the life of a loved one could form the basis of a wrongful death claim if it can be proven that negligence or wrongdoing contributed to the fatality.
How to Prove Negligence in Your Metairie Wrongful Death Case
In a wrongful death case, proving negligence is necessary to secure compensation. This involves establishing specific legal elements and presenting supporting evidence:
To prove negligence, we must demonstrate the following four elements of negligence:
Duty of Care Between Your Loved One and the Defendant
The plaintiff must prove that the defendant owed a duty of care to the deceased. The defendant had a legal responsibility to act in a way that would prevent harm, such as driving safely on the road or fixing hazardous conditions on a property to provide safe facilities for patrons to a sporting event.
The Defendant’s Breach of Duty
The plaintiff must show that the defendant breached this duty of care by acting negligently or recklessly. For example, this could involve running a red light, providing improper medical care, or failing to maintain a safe premises.
The Defendant Caused Your Loved One’s Death
It must be proven that the defendant’s breach of duty directly caused the death. This requires a causal link between the negligent action and the fatality, such as a reckless driver causing a fatal car accident.
Your Family Suffered Damages
Finally, the plaintiff must demonstrate that the death resulted in damages, including financial losses, emotional suffering, and loss of companionship. These damages form the basis for the compensation sought in the claim.
Types of Evidence Used to Prove Negligence
To support your case, we must present evidence. The following types of evidence are commonly used in wrongful death cases:
- Accident and Police Reports: These reports provide official documentation of the incident and may assign fault.
- Medical Records: These records can be key for showing the severity of the injury and the victim’s prognosis, as well as the medical causation needed to link the wrongful conduct to the injuries and death.
- Eyewitness Testimony: First-hand accounts can help explain and corroborate the events leading to the death.
- Expert Testimony: Experts can clarify technical details like accident reconstruction and medical causation.
- Surveillance Footage or Photographs: Visual evidence can vividly depict the circumstances of the fatal incident.
As your Metairie wrongful death attorneys, we will investigate the accident scene and gather evidence for your family’s wrongful death claim. Your only responsibility will be to take care of yourself and your family during this difficult time.
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Time Limits for Filing a Wrongful Death Lawsuit in Louisiana
Under Louisiana CC 2315.2, families have only one year from the date of their loved one’s death to file a wrongful death lawsuit. If a wrongful death lawsuit is not filed within this one-year period, the courts may refuse to hear the case, and your family may lose their opportunity to recover compensation for damages. It’s essential to take immediate action to preserve your legal rights.
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Get the Help Your Family Deserves After a Wrongful Death in Metairie
At Poolson | Oden Injury Lawyers, we understand how overwhelming it can be to lose a loved one due to someone else’s negligence. Our legal team is ready to stand by your side, guiding you through the legal process of filing a wrongful death claim and pursuing justice for your family. We handle all wrongful death cases on a contingency basis, meaning you don’t pay any legal fees unless we win your case.
Call us today for a free consultation to discuss your options. No obligations. We are here for you!