Greater New Orleans Personal Injury Attorney
“Bold and deliberate representation is my hallmark. I want my clients’ adversaries to know that we will fight for the best possible position" - Donald D'Aunoy, Jr.
Certain family members of loved ones killed in accidents can bring a wrongful death claim. Louisiana’s wrongful death law is established by Louisiana Civil Code article 2512.2. The claim is typically brought against the person or company (and its insurance company) that is responsible for the fatal accident.
It does not matter what type of accident caused the death—for example, car collision, construction accident, faulty equipment. The key factor is that the death was caused by the fault of another. Certain exclusions will apply if the death was caused by the victim’s employer or co-employee while the victim was working. Mr. Don can help sort out important details like these to determine if a viable claim for wrongful death exists.
Typically, the spouse and children of the deceased can bring a wrongful death claim. If the deceased did not have a spouse or children, the parents of the deceased can bring the wrongful death claim. If the deceased has no living parents, the siblings of the deceased can bring the claim. And if there is no eligible family member to bring the claim, the estate of the deceased can bring the claim.
Those bringing the claim may be entitled to economic and non-economic damages. Economic damages may include:
Medical bills incurred after the accident
Lost wages that the victim would have made had it not been for his/her death
Lost household services