For any of us who have lost a loved one, we know the aftermath can be painfully complicated and time-consuming. Under Louisiana law, the survivors of a person who has been killed due to the negligence of another can claim against the negligent party on behalf of the deceased.
This claim is called a survival claim, and it can be brought simultaneously with a wrongful death claim. However, losing a loved one in an accident can be unbearable for the deceased family;
The surviving family should consult with a New Orleans wrongful death attorney as soon as possible for taking legal action.
According to Louisiana law wrongful death action Civil Code 2315, when a person dies due to the wrongdoing, negligence, or intentional actions of another, a lawsuit may be filed for compensation of damages by the surviving family members. Surviving family members may entail:
Louisiana Laws Civil Code § 2315.2 provides an opportunity to recover the losses encountered by the surviving family members after a wrongful death accident. The losses for which family members are entitled to seek compensation due to the wrongful death of their loved one include:
Causes of wrongful death may include automobile accidents, 18-wheeler and commercial trucking accidents, motorcycle accidents, work-related accidents, malfunctioning products, medical malpractice, and various other types of injuries.
The unexpected loss of a loved one can cause emotional and financial disruptions in the family dynamic. Our job is to seek justice for your loved one’s death. The attorneys at Breaux Law Firm are here for you through this difficult time, not only as your lawyers but also as your personal support.
Hiring a New Orleans Wrongful Death Attorney
With over 35 years of experience, we at Breaux Law Firm understand how to navigate the world of claims in New Orleans and Louisiana. You can rest assured that your case will be handled with the utmost respect and priority to ensure you receive the compensation you’re entitled to as quickly as possible. Our job is to get you the maximum compensation you are due. We’re here to protect your rights.
By hiring a New Orleans Wrongful Death Attorney from a trusted law firm to represent you and your case, you can put your mind at ease; this will allow you to focus on recovering from your injuries. Let us do the paperwork, deal with the insurance companies, and get you the compensation you deserve
A longshoreman was injured while working on the Mississippi River. The gentleman was struck in the head by an improperly welded metal plate resulting in neck injuries and requiring surgery. We were able to recover past and future lost wages for him.
A longshoreman was injured while working on the Mississippi River. The gentleman was struck in the head by an improperly welded metal plate resulting in neck injuries and requiring surgery. We were able to recover past and future lost wages for him.
A 35-year-old man was rear-ended while driving his vehicle on Interstate 10, suffering a severe lumbar spine injury that required surgery to repair. The injury and resulting disability prevented him from returning to his prior occupation.
If your loved one was the victim of wrongful death and you are their survivor, the attorneys at Breaux Law Firm are the best option for you, and here’s why:
Losing a loved one is never easy. If you call us and we determine, together, that you have a case, we’ll immediately begin fighting on your behalf to make the responsible parties do what is right. We do not stop fighting for you until you receive all you’re owed. By hiring Breaux Law Firm to represent you, you can expect a clear legal explanation of your case and an honest assessment of the case’s merits. We can help you get through this difficult time and ensure you’re taken care of emotionally, physically, and financially.
Attorney at Law
Darryl M. Breaux, the founder of the law office of Breaux Law Firm, is a proud lifelong New Orleanian. He has been married for over thirty-two years and has two children, one of whom is an attorney at Breaux Law Firm.
Attorney at Law
Evan Breaux joined Breaux Law Firm in 2017, thus establishing one of New Orleans’ only father-son personal injury law firms. Evan is a defender of justice, an advocate dedicated to helping people who are victims of unfair circumstances.
Attorney at Law
A lifelong New Orleanian, Scot Koloski brings over 25 years of legal experience to Breaux Law Firm. His career is built on a deep-rooted commitment to the people of this city and a relentless drive to be a steady voice for those navigating the aftermath of a life-altering accident.
In Louisiana civil code 3942, the statute of limitations applicable to wrongful death and survival claims is one year from the date of the accident, so don’t wait! If the suit is filed after the deadline, it can be dismissed.
However, it’s always a good idea to seek legal advice, as there are exceptions in which the statute of limitations may be halted and the deadline for filing a claim extended.
Although filing claims or reliving traumatic experiences can be overwhelming, moving towards the compensation you are due is the right thing for you and your family. You’re not alone in this fight. The qualified New Orleans Wrongful Death Attorney of Breaux Law Firm are just a phone call away. Let us handle your case and get you what you deserve.
REQUEST A FREE CASE EVALUATION
We don’t get paid until you do. The attorneys of Breaux Law Firm have what is called a “contingency fee arrangement” with each and every one of our clients. A contingency fee arrangement means that the attorney’s fee is taken out of the total amount of money recovered for the client, once the client’s case is settled. The attorneys at Breaux Law Firm are happy to meet with you FOR FREE to discuss your case, to answer any questions you may have, and to let you know if we think you have a good case.
The short answer is YES. If you’re the owner or the driver of the motor vehicle you were in at the time of the accident and neither you nor the vehicle you were driving has automobile insurance, then the adverse insurance company will get a credit for the first $15,000 in damages that they would have otherwise owed you, as described below. If you were a passenger in a vehicle where neither it nor its driver has insurance, you will still be able to recover, because you’re not the owner nor the operator of the uninsured vehicle. The attorneys at Breaux Law Firm stay informed on all laws involving insurance and the other legal areas we practice. We take the guesswork out of Louisiana state laws, and guide you through the process of recovering the compensation you deserve.
“There shall be no recovery for the first fifteen thousand dollars of bodily injury and no recovery for the first twenty-five thousand dollars of property damage based on any cause or right of action arising out of a motor vehicle accident, for such injury or damages occasioned by an owner or operator of a motor vehicle involved in such accident who fails to own or maintain compulsory motor vehicle liability security.
La. Stat. Ann. § 32:866
Breaux Law Firm is licensed to practice law throughout the state of Louisiana. However, Breaux Law Firm, in conjunction with other respected attorneys, has also represented clients from many other states, including Texas, Mississippi, Alabama, Florida, North Carolina, Illinois, California, and more.
Our office hours are Monday through Friday, 8:30 a.m. to 5:30 p.m., excluding holidays. Our office is located at 111 Veterans Memorial Blvd., Suite 1820, Metairie, LA 70005. You’ll find plenty of parking available in our visitor parking lot, along with a wheelchair-accessible ramp. Of course, you can always reach us through our 24-hour phone line at (504) 914-7779.
NO, YOU DO NOT. We don’t get paid until you do. The vast majority of the time, the conscientious attorneys at Breaux Law Firm will be able to let you know if your case is likely to succeed at the FREE initial consultation. If the case doesn’t work out, you owe us nothing and we will bear our own costs.
In Louisiana, you have ONE YEAR FROM THE DATE OF THE ACCIDENT to file a lawsuit to recover damages due to an accident; this concept is known as the statute of limitations or prescriptive period. Once your accident occurs, the clock starts ticking. The attorneys at Breaux Law Firm stay informed on all laws involving injury law, as well as the other legal areas we practice. We know that legal language can be confusing and hard to understand, as you can see below, so we work hard to make the process of filing a claim as easy and positive as possible.
“Delictual actions are subject to a liberative prescription of one year. This prescription commences to run from the day injury or damage is sustained.”
La. Civ. Code Ann. art. 3492
YES, the law office of Breaux Law Firm works with all types of medical providers and will assist you in obtaining the medical care that you need for your injuries.
There are several ways to take care of your property damage after an accident. The most common way is to make a claim against the liable insurance company which covered the at-fault party at the time of the accident. After making a claim against the liable insurance company, the liable insurance company is supposed to appraise the damage to your vehicle by sending an appraiser to inspect the vehicle wherever it’s located. Within a reasonable time, the liable insurance company is supposed to make a liability determination. If the insurance company accepts liability, they will put you in a rental car and arrange for your vehicle to be repaired. You’re entitled to a rental car, paid for by the liable insurance company, until your car is fixed and ready for you to pick up. The liability insurance company must adjust the property damage within thirty (30) days of their receiving a satisfactory proof of loss. The attorneys at Breaux Law Firm stay informed on all laws involving insurance and the other legal areas we practice, translating confusing legal jargon, as you see below, into clear guidance for our clients.
“All insurers shall make a written offer to settle any property damage claim, including a third-party claim, within thirty days after receipt of satisfactory proofs of loss of that claim.”
La. Stat. Ann. § 22:1892