New Orleans Wrongful Death Lawyer
If you have suffered the loss of a loved one, it is understandable that you want answers. How could this tragedy have happened? And could it have been avoided? Whether your loved one was your spouse, your child, your parent, or they were another family member upon whom you depended, you have the right to file a wrongful death lawsuit against the at-fault party, whether they were a third party such as a manufacturer of a defective product, a driver heading to work, or an employer who violated state or federal safety regulations. Lunsford Baskin & Priebe, PLLC has the experience and resources required to pursue a wrongful death claim so that you have the ability to continue paying the mortgage, medical, and other bills that are surely piling up. More than that, our New Orleans wrongful death lawyer will help you get the answers you deserve.
Workers’ Compensation Death Benefits
If your loved one lost their life on the job, or due to an occupational illness they contracted at work, you have the right to seek death benefits under Louisiana’s workers’ compensation law. Workers’ compensation death benefits include full medical expenses, two-thirds of your loved one’s average weekly wages in compensation (potentially for life), and funeral and burial expenses. Furthermore, workers’ compensation is based on a system of no-fault insurance, meaning anyone or no one can be to blame for the death and the worker’s surviving family members are still entitled to full death benefits.
Filing a Wrongful Death Lawsuit
However, if someone was at fault for your loved one’s death, you may be best served by filing a wrongful death lawsuit in addition to a workers’ comp claim. By filing a wrongful death lawsuit against the party responsible for your loved one’s death, you have the opportunity of seeking some semblance of justice, as well as a much larger degree of financial compensation for your deceased loved one and your family’s damages. While workers’ compensation only pays for medical expenses, partial wage replacement, and funeral and burial costs up to a certain amount, damages in a wrongful death claim can include full lost lifetime earnings of the individual, pain and suffering, loss of consortium for you and your children, loss of joy of life, and more. However, in order for a wrongful death claim or lawsuit to be successful, you must prove fault, unlike a workers’ compensation claim.
- Filing Against an Employer—You must establish intent, or a reckless act (the employer knew their actions would likely lead to an accident).
- Filing Against a Third Party—You must establish at least partial fault. Recklessness is not necessary to win a wrongful death claim against a third party.
Call a New Orleans Wrongful Death Lawyer
While no lawsuit verdict or settlement award will bring your loved one back or ease your pain, knowing that you did everything in your power to seek justice may provide at least some degree of solace. To schedule a no-cost consultation, call 601-488-3975 to speak with a New Orleans wrongful death lawyer at Lunsford Baskin & Priebe, PLLC today.