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Fatal Car Accidents / Wrongful Death Claim

New Orleans Attorney Representing Families of Victims

The sudden loss of a loved one due to a car accident often not only causes shock and emotional distress but also results in significant monetary losses. While no amount of money can repair the harm caused by the death of a loved one, financial compensation can help address the economic blow caused by the accident. Thus, if you have lost a loved one in a fatal car accident, you should speak to an attorney to discuss the compensation that you may be able to recover via a wrongful death action and a corresponding survival action. Cliff Cardone at the Cardone Law Firm is an experienced New Orleans car accident lawyer who is committed to helping families of victims assert their rights.

Common Causes of Fatal Car Accidents

Fatal car accidents are typically caused by reckless driving. For example, if a driver is driving at an excessive speed and collides with another vehicle, the force of the impact is often fatal. In other cases, fatal accidents may be caused by drivers impaired by drugs or alcohol or distracted by cell phones or GPS systems. When a driver does not give his or her full attention to the road for any reason, it can lead all too swiftly to a tragic death.

Pursuing Wrongful Death and Survival Actions After a Fatal Car Accident

If a victim succumbs to injuries sustained in a car accident, the victim’s relatives may be able to recover compensation in a wrongful death lawsuit. Meanwhile, the victim’s estate can recover other types of damages in a survival action. Under the applicable provisions of the Civil Code, only certain parties can pursue wrongful death or survival damages. Specifically, if the deceased person left behind a spouse or child, they have the first right to seek damages in a lawsuit. If not, the deceased person's parents may file the claim. If they have no living parent, any sibling may file the claim. Finally, if the deceased person had no living spouse, child, parent, or sibling, his or her grandparents can pursue a wrongful death or survival action.

In a lawsuit based on a fatal car accident, the plaintiff must prove that the defendant is liable to recover damages. Generally, the plaintiff’s lawyer must show that the defendant was negligent. In Louisiana, a plaintiff seeking to prove negligence in a wrongful death or survival action must show that the defendant owed a duty to the deceased person, the defendant breached the duty, and the breach caused the accident and the deceased person’s death. The plaintiff does not need to prove that the breach was the sole cause of the accident, however. Instead, the plaintiff must show that the accident would not have occurred without the breach, and the breach was a significant factor that contributed to the accident.

Recoverable Damages in Wrongful Death and Survival Claims

The damages recoverable in a wrongful death lawsuit include any reasonable funeral expenses, medical bills for any treatment of the injuries that led to the victim’s death, lost wages, loss of household services, and the loss of care and companionship caused by the deceased person's death. In a survival action, the estate of the deceased person can recover compensation for the pain and suffering that the deceased person experienced prior to dying, as well as any lost earnings between the date of the accident and the date of the victim’s death.

Discuss Your Case with a Capable Car Accident Lawyer in New Orleans

If you have lost a loved one in a fatal car accident, you may be able to recover damages from any parties that were at fault. Attorney Cliff Cardone will carefully investigate the facts of your case and develop strong arguments on your behalf to help you seek the full amount of damages available. Mr. Cardone represents victims and their families in New Orleans and throughout Louisiana. PHONE CARDONE. You can reach us through the form online, at 504-522-3333 to schedule a free appointment.

Client Reviews
Mr. Cardone and his staff demonstrate excellence and the utmost professionalism. After a motor vehicle accident, I contacted Mr. Cardone after receiving recommendations to do so. We are extremely pleased with his knowledge, service, and accessibility. I would not hesitate to hire Mr. Cardone again and I give him my highest recommendation for anyone else seeking an attorney. J.E.
Mr. Cardone is an experienced, knowledgeable attorney who advocates for the best interests of his clients. He is reputable, experienced, reliable, and available. He understands people and their issues. He knows the law and is a great trial lawyer and is well respected in the legal community. He also has a great support staff and I highly recommend him to anyone who needs or wants an experienced and caring attorney who gets the job done. S.I.
There are no words good enough to praise Cliff Cardone. His Professionalism is 10 stars. He was available for me 7 days a week. He is way pass excellent, he is superior. Cliff is not only my attorney but a friend you can count on. He has worked 2 cases for me and I could not be more pleased with the results. I am 150 percent satisfied with the highest recommendation one person can give to another. He is a people person. His legal assistant, Kim also gets the highest recommendation. J.M.
I highly recommend Cliff Cardone to handle any legal issue that arises; he is always available to me when I need to get in touch with him. I trust his opinion when it comes to making decisions concerning my legal issues. His staff is always available as well and that is very important when you need to have questions answered. Whenever I have a friend or relative that needs legal advice I always recommend Cliff Cardone and they have always come back to me satisfied. C.S.
Professional, prompt, courteous, informative and friendly are words I use to describe Clifford Cardone and his staff. If you want results with a personal touch this is your attorney. R.A.