How do I sue for wrongful death in New Orleans?

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Losing a loved one can be a devastating experience. It is especially difficult when their death was caused by the negligence or wrongdoing of another person. 

If you find yourself in this situation, you may have the right to file a wrongful death lawsuit to seek compensation for your loss. In this blog, our team of experienced personal injury attorneys at Harmon, Smith & Vourvoulias will discuss how to sue for wrongful death in New Orleans.

Filing a Wrongful Death Lawsuit in Louisiana

The first step in filing a wrongful death lawsuit is to hire an experienced attorney. 

A wrongful death lawsuit can be complicated, and you will need someone who knows the law and can guide you through the process. 

At Harmon, Smith & Vourvoulias, our attorneys have extensive experience representing clients in wrongful death cases. We understand the emotional toll that these cases can take on our clients, and we are committed to providing compassionate and effective representation.

Do you have a New Orleans wrongful death claim?

The next step is to determine if you have a valid wrongful death claim. 

In Louisiana, a wrongful death claim can be brought by the surviving spouse, children, or parents of the deceased. If the deceased did not have any surviving family members, the claim can be brought by their estate. 

To have a valid claim, you must show that the death was caused by the negligence, recklessness, or intentional act of another person or entity.

Once you have determined that you have a valid claim, you will need to gather evidence to support your case. This may include medical records, witness statements, and expert testimony. Your attorney will work with you to gather the necessary evidence to build a strong case.

Additionally, in Louisiana, the statute of limitations for filing a wrongful death lawsuit is one year from the date of the deceased’s death. It is important to act quickly to ensure that you do not miss this deadline.

What kinds of damages can you get in a Louisiana wrongful death lawsuit? 

When you file a wrongful death lawsuit, you will need to specify the damages you are seeking. 

In Louisiana, you can seek damages for both economic and non-economic losses. 

  • Economic damages may include funeral expenses, medical expenses, lost wages, and loss of future income. 
  • Non-economic damages may include pain and suffering, loss of companionship, and emotional distress.

In some cases, you may also be able to seek punitive damages. Punitive damages are designed to punish the defendant for their wrongful actions and deter similar conduct in the future. In Louisiana, punitive damages are limited to three times the amount of compensatory damages awarded or $500,000, whichever is greater.

It is important to note that the amount of damages you can recover in a wrongful death lawsuit will depend on the specific facts of your case. Your attorney can help you determine the appropriate amount of damages to seek.

Contact a New Orleans wrongful death attorney today

At Harmon, Smith & Vourvoulias, we understand that no amount of money can fully compensate you for the loss of your loved one. However, we also believe that you should not have to suffer financial hardship as a result of someone else’s negligence. Our attorneys will work tirelessly to ensure that you receive the compensation you deserve. Contact us today to schedule a free consultation.

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By George Vourvoulias

George is a founding member and managing member of Harmon, Smith & Vourvoulias L.L.C., a New Orleans law firm. George concentrates his practice in maritime personal injury, construction litigation, personal injury, workers' compensation, medical malpractice, and DUI defense. George Vourvoulias's Google+ Profile