Overview of the Stewart J. Guss Firm

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What is A Wrongful Death Lawsuit in New Orleans?

Each year, across the United States, 45,000 people die in car accidents. Nearly 6,000 people are fatally injured in workplace accidents. A whopping 90,000 deaths happen as a result of medical malpractice. In each of these cases, a wrongful death lawsuit may be possible. Louisiana law defines a wrongful death claim as a civil action from a deceased person’s family against the party whose misconduct led to the death of their loved one. The settlement award from a wrongful death claim serves to compensate the victim’s family for their pain and hardship. Types of fatal accidents include:

Every accident will have unique circumstances. Medical malpractice, for example, may include a misdiagnosis or an overdose. No matter the cause, the surviving family members of a fatal accident victim deserve rightful compensation. Throughout this difficult time, a New Orleans wrongful death attorney can be their greatest advocate. Read on to find out why.

Stewart J. Guss, Attorney at Law

How Does a Wrongful Death Claim Work?

When you file a wrongful death claim, your case will typically go through the following phases:

  • Collect evidence
  • Determine liability
  • Estimate the value of the claim
  • Negotiate with insurance companies
  • File a wrongful death lawsuit, if necessary
  • Present evidence to the judge and jury
  • Receive compensation

Keep in mind every accident is unique, and so is every wrongful death case. Many different factors will determine exactly what happens in your wrongful death lawsuit. Experienced New Orleans wrongful death lawyers can connect you to the resources you need during this devastating period. Note: a wrongful death case is different from a murder case. Murder charges are brought forth by the state, whereas wrongful death claims are civil matters filed by family members. If criminal charges or arrests have been made in connection to the accident, you can use this as evidence in your wrongful death claim. However, your wrongful death case will proceed separately from any criminal prosecution. Even if no one was charged with a crime, you might still have a valid wrongful death claim. Explore your options with a free consultation from a New Orleans wrongful death accident lawyer.

What Are New Orleans Wrongful Death Damages?

When a death occurs, the victim’s surviving loved ones cope with many hardships and expenses. These losses are also known as “damages.” Damages in a wrongful death claim may include but are not limited to:

  • Medical bills
  • Funeral and burial costs
  • Lost wages, lost benefits, and lost earning potential
  • Lost inheritance
  • Loss of consortium
  • Loss of emotional support, guidance, and counsel
  • Pain and suffering
  • Home maintenance and childcare

When it comes to lost wages, earning potential, and inheritance, your New Orleans wrongful death lawyer may consult investigators and economists in order to estimate how much the decedent would have earned over the course of their life, had it not been cut short. Punitive damages may also apply. Unlike the above compensatory damages, punitive damages exist to punish the person or entity responsible for the death. Punitive damages are much more likely to be included if the at-fault party is convicted of a crime. Altogether, these damages will make up the total estimated value of your New Orleans wrongful death claim. However, insurance companies will do everything they can to prevent you from obtaining this compensation. Their greed knows no bounds, and they’re not above kicking you while you’re down. They’ll pressure you to settle for less than what you really deserve. You may be shocked at how much you can get in a wrongful death suit when you enlist the help of a New Orleans wrongful death lawyer. It doesn’t matter whether you’re up against a trucking company, product manufacturer, surgeon, drunk driver, or any other negligent party. We will always fight fiercely for fair compensation. For more help estimating the value of a wrongful death claim, reach out to a New Orleans wrongful death lawyer now.

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Who Gets the Money in A Wrongful Death Lawsuit?

Louisiana state law permits the following family members to bring a wrongful death claim or subsequent wrongful death lawsuit:

  • The victim’s spouse
  • The victim’s children
  • The victim’s parents, if the victim had no spouse or children
  • The victim’s siblings, if the victim had no spouse, children, or living parents
  • The victim’s grandparents, if the victim had no spouse, children, or living parents or siblings

If you are entitled to compensation due to the wrongful death of a loved one, don’t delay. What happens in a wrongful death lawsuit will change the course of the rest of your life. Protect your rights now by getting advice from an experienced New Orleans personal injury lawyer.

How Are New Orleans Wrongful Death Settlements Paid Out?

When it comes to how to divide a wrongful death settlement, a claimant's relationship to the victim will be taken into consideration. The amount of compensation a claimant receives will depend on how close the claimant was to the victim, whether they depended on them financially, and how much income the deceased contributed to the household. Typically, the closer the claimant was to the victim, the greater the percentage of the settlement award they would receive. At the end of the case, a settlement award will be paid out. Your lawyer will then deduct their fees. They will also deal with settling any related liens and paying expert witnesses and consultants who helped with the case, so you don’t have to. 

Afterward, the settlement will be divided among the eligible claimants in percentages that reflect their relationship to the decedent. If you settle out of court, you may receive a lump sum in the form of a disbursement check. Other times, payment for a wrongful death lawsuit is released as a structured settlement. A structured settlement is a series of periodic payments released on an agreed-upon schedule. This ensures you will have a consistent stream of income in the months and years to come. Structured settlement payments may be disbursed via direct deposit or via checks that are mailed to you. The exact amount and timeline of your structured settlement agreement will depend on the unique circumstances of your wrongful death suit. Consult a New Orleans personal injury lawyer for more details.

How Do You Prove Wrongful Death in New Orleans?

In a wrongful death lawsuit, you must prove causation (what caused the accident) as well as liability (who caused the accident.) You and your wrongful death claim lawyer can do this by providing evidence. Evidence in a wrongful death case may include:

  • Police report or accident report
  • Surveillance footage
  • Witness testimony
  • Photos from the scene
  • Medical bills and medical records
  • Autopsy reports

A New Orleans wrongful death lawyer can help you gather evidence and develop a unique legal strategy. Call or click here for a free consultation. Our experienced, compassionate experts will listen to your story and let you know all about your options.

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When Should I File A Wrongful Death Claim in New Orleans?

The statute of limitations for wrongful death claims in Louisiana is one year from the date of death. Special exceptions to the statute of limitations may apply in the following cases:

  • New evidence was discovered
  • Evidence was deliberately hidden during initial investigations
  • A new cause of death was revealed (usually via autopsy)
  • Products or medications involved in the death were recalled or deemed defective

If you are wondering how to file a wrongful death claim or need to know if these exceptions apply to you, a New Orleans wrongful death attorney can steer you in the right direction. Remember: one year may seem like a long time, but your lawyer will need adequate time to compile evidence and strengthen your case. New Orleans courts may dismiss your case entirely if you miss this deadline. The sooner you take action, the better your results will be.

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Act Now: Hire ANew Orleans Wrongful Death Lawyer

After the passing of a loved one, you may feel like you're drowning under the weight of grief and the never-ending flood of bills. A wrongful death claim can provide you and your family with relief — and closure. Over the past 20 years, we’ve had the honor of helping thousands of families through New Orleans wrongful death cases. We guarantee you will be treated with the respect and sensitivity you deserve while you are coping with this loss. In addition, a dedicated Louisiana personal injury lawyer works on a contingency fee basis. 

We’re not here to take advantage of grieving families by sticking them with costly legal fees and more headaches. In fact, you pay us nothing at all upfront. Instead, we take our fees from a portion of your final settlement award once the case is successfully closed. If we don’t win your case, we don’t get paid. Plain and simple. Wrongful death claims are complex cases that require thorough investigation, sensitivity, and commitment. Legal representation is crucial during a time like this, and only a New Orleans personal injury attorney can develop a unique legal strategy to help you ensure justice is served. Get help now. Contact us today for a free consultation.

Testimonials

They are not too pushy but provide you with the information to make an informed decision.

Heka

Guss, has a phenomenal Team and has hired great staff that is very caring! They are not too pushy but provide you with the information to make an informed decision. They are also really resourceful! Some of the staff have had real experiences that happened to them and were also taken great care of which prompted them to begin working for such a great law firm. Thank you Guss and Associates.

Stewart J. Guss and his team did an outstanding job handling my case.

James

From start to finish, they were professional, attentive, and incredibly effective. I was thrilled with the results – they secured a settlement that was twice what I expected! Their expertise and dedication truly set them apart. I highly recommend Stewart J. Guss for anyone in need of top-notch legal representation.

Mr. Stewart Guss is such a kind and caring attorney.

Ben

Mr. Stewart Guss is such a kind and caring attorney. In a world of attorneys that is very difficult to maneuver these days he stands out from the crowd not only for his expertise but for his integrity. Should you need a personal injury attorney to help you with a case do not hesitate; Run and get his help. You won’t regret it!!

I had the best experience with this firm. I have never gotten in an accident, so I didn’t know the process or what to expect at all.

Sabrina

I worked with Whitney and Kristen and they explained everything thoroughly from start to finish. They were always prompt in responding to any questions or concerns I had, and always kept me updated. My sister had also used them and I didn’t even know, but they said they liked working with them so that put me at ease. They honestly made a really great impression on me. And I would definite...

I recommend Mr. Guss to anyone who seeks hard-working staff.

Amanda

The law office of Stewart J Guss has very friendly staff, and is always accurate and reliable.  They got me what I deserved and was fast and on point with the whole case. They keep you up-to-date with your case and return any calls you place to them in a timely manner.  They answer your questions and concerns appropriately for all parties involved.  I recommend Mr. Guss to anyone...

I made the right decision to choose Stewart J Guss law firm.

Khanh

I made the right decision to choose Stewart J Guss law firm. Especially thanks to Ms Andrea Yoss and Whitzney. They were professional and communicative. Though it took time longer than expected but it was finally settled well. I highly recommended the law firm to anyone whom need help with auto accident cases!

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