Fatal Car Accidents / Wrongful Death Claim
A friend or loved one’s wrongful death has a devastating effect emotionally, physically, and financially on the person’s family and friends. Even though there is nothing that can be done to bring a loved one back, Louisiana law offers a way to hold the responsible party accountable and to obtain financial compensation for the person’s death. There are two different types of lawsuits that may be filed for a death that has been caused by the negligence of another. First is the wrongful death action which allows for the estate to be awarded damages for the beneficiaries of the decedent. The second type of action is the survival action claim which allows the estate to be awarded damages for the mental and physical pain and suffering that the person experienced until the time of his or her death.
Louisiana provides that only a select group of people may file these types of actions. The following may bring a survival or wrongful death action:
- The victim’s spouse and children,
- The victim’s parents, if the victim left no spouse or child surviving,
- The victim’s brothers and sisters, if the victim left no spouse, child, or parent surviving, or
- The victim’s grandparents, if the victim left no spouse, child, parent, or siblings surviving.
The types of damages vary depending on what type of action is filed. There are two different types of damages in a wrongful death action: economic and non-economic damages. Economic damages include funeral and burial expenses, medical bills, lost wages and benefits, value of lost household services, and bills for damaged property. Non-economic damages include loss of care, companionship, guidance, and emotional support. Damages for a survival action include the physical and mental pain and suffering and also the lost of earnings until the deceased’s time of death. Filing a wrongful death/survival action claim is complicated, and a skilled trial attorney is needed in order to receive justice for the person’s untimely death. There is a time limit in which these types of actions must be filed. The survival action/wrongful death claim must be filed within one year of the death of the deceased. It is very important to file within this time period because if family members wait too long they will be barred from filing suit and receiving the justice they deserve.
Wrongful death claims and survival actions may come from accidents caused by cars, trucks, motorcycles, drunk drivers, boats, and construction sites. Wrongful deaths may happen anywhere at any time. Mr. Cardone is skilled in this field and can help the deceased’s family receive the justice they deserve. For example, Mr. Cardone helped obtained a large settlement for the family members of a man who died from a head on collision on Highway I-55 on the way to Hammond. He has handled many other wrongful death cases resulting from a variety of accidents over his legal career.
Mr. Cardone represents clients with wrongful death/survival action claims in Louisiana including Ascension Parish, Donaldsonville, Assumption Parish, Napoleonville, Baton Rouge, Jefferson Parish, Estelle, Gretna, Harvey, Kenner, Marrero, Metairie, New Orleans, Terrytown, Westwego, Lafayette Parish, Lafourche Parish, Thibodaux, Livingston Parish, Orleans Parish, Plaquemines Parish, Belle Chasse, and St. Charles Parish.
It is important to receive compensation for the wrongful death of a family member. It is equally important to have a skilled attorney not only to sensitive to your loss, but who has experience in these types of actions. Mr. Cardone has nearly 40 years of experience practicing law and has primarily focused on personal injury matters. If a family member has died because of the negligence of another party you need to Phone Cardone at 1-888-892-2736 or 1-504-522-5333 at the earliest possible time to receive the justice your family deserves.