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RECOVER YOUR DENIED INSURANCE BENEFITS

LET A FORMER INSURANCE COMPANY ATTORNEY
GUIDE YOU

Long Term Disability / Life /
Accidental Death / ERISA

Our past years of representing insurance companies taught us a thing or two about how they work behind the scenes. Let our experience work for you.

Metairie Wrongful Death Lawyer

The loss of a loved one is always a tragic event. Not only will the event affect the present situation of the deceased’s, but the death will also affect their future. However, the surviving members of the deceased may be able to demand compensation on behalf of the decedent as well as for their own losses. A death is not always a source of a wrongful death suit under Louisiana law. In order to pursue a claim, a plaintiff must be able to attribute the death to the actions of another party. This can include a private citizen or a company.

A Metairie wrongful death lawyer could help the family whether their loss is the result of another’s negligence. By allowing a compassionate personal injury attorney to handle your claim, you can focus on moving forward while protecting your future.

 

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you have FREE OF CHARGE.

(866) 248-0580

Receiving a bill should never be the first step in getting help. Our firm knows that when dealing with an ERISA, long term disability or insurance claim, what you need is answers, and we are here to provide them free of charge.

Our firm welcomes telephone calls or the opportunity to visit with you in person to answer any questions you may have. We also provide FREE comprehensive case reviews. There is no obligation to hire us as your ERISA attorney.

Why I Love Our Mission Of
Helping People Like You…

Too much is at stake to guess about the best approach and strategy for fighting your denied insurance claim — years and years of financial security.

After spending years representing insurance companies, we don’t guess. We know their playbook and how they work behind the scenes. Using that knowledge, we’ve developed our own Clear Advantage Process for fighting claims.

It’s personally satisfying to use what I’ve learned as an insurance company insider, now for the good — helping families reverse unfair denials of insurance benefits they paid for, need and deserve.

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About J. Price McNamara

Price McNamara began his law practice in 1990 representing insurance companies.

In 1995, Mr. McNamara founded McNamara Law Offices, where he represents people across the U.S. who are wrongfully denied long-term disability insurance, life insurance, and accidental death insurance benefits, with special focus on ERISA claims and lawsuits.

His is a member of the Louisiana and Texas Bars, with office locations by appointment only in Baton Rouge, Metairie, and Houston. He lives in Baton Rouge, Louisiana with his wife and their three children.

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Wrongful Death Statutes in Metairie

Cases that allege wrongful deaths are controlled by Louisiana’s statutes. This is in contrast to other personal injury cases where the harmed person survives. Wrongful death cases do not rely upon a single statute but instead, are two separate claims.

 

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Baton Rouge Office

10455 Jefferson Hwy,
Suite 2B
Baton Rouge, LA 70809
Phone: (225) 201-8311
Fax: (225) 201-8313
(By Appointment)

New Orleans Office

4141 Veterans Memorial Blvd.
Suite 212
Metairie, LA 70002
Phone: (504) 458-8455
Fax: (225) 201-8313
(By Appointment)

Houston Office

363 N Sam Houston Pkwy E
Ste 1100 PMB, #114
Houston, TX 77060
Phone: (713) 439-0339
Fax: (225) 201-8313
(By Appointment)

The first claim is known as the wrongful death claim and is defined by the Louisiana Civil Code §2315.2. This statute states that specific people can file a claim following a death. These include:

  • Spouses or children of the deceased
  • Parents if the deceased is a child
  • Brothers or sisters if the deceased has no parent, child, or spouse
  • Grandparents if no other relative or spouse remains

These actions demand payments for any damages suffered by the person bringing the suit. This can include lost companionship, mental anguish, and lost earning power. Further, the statute says that plaintiffs must pursue these claims within one year of the death.

The second claim is called the survival action. In contrast to the wrongful death action, a survival claim is pursued by a plaintiff on behalf of the now deceased person. According to the Louisiana Civil Code §2315.1, a plaintiff in these cases can demand all payments that the deceased would have had the right to pursue had they survived. This includes payments for medical costs and the decedent’s pain and suffering. The same one-year time limit and list of potential plaintiffs applies to this claim as well. A Metairie wrongful death lawyer could help family members evaluate their rights and determine their next steps.

When a Death Becomes “Wrongful”

Wrongful death claims and survival claims only apply if the fault for the death can be traced to the actions of another party. Of course, a plaintiff in these cases does not need to prove that the defendant intended to cause a death or even to harm the decedent.

Most wrongful death cases arise out of accidental actions. Car accidents, pedestrian accidents, and slip and falls are all examples of ways a defendant could cause a death by accident. In short, a wrongful death case applies when someone passes away following an incident that would otherwise give cause to a personal injury lawsuit. A Metairie wrongful death lawyer could help the families of the deceased understand when a wrongful death suit could apply and gather sufficient evidence to pursue a claim.

A Metairie Wrongful Death Attorney Could Provide for the Future

The loss of a loved one is never easy. However tragic the circumstances may be, the decedent’s family needs to take an account of their future. A part of that future may be a wrongful death and survival lawsuit.

A Metairie wrongful death lawyer may be able to help. They could work with family members to examine the facts that led to the death, place blame on defendants, and demand appropriate compensation. If you are ready to consider a claim, call today to schedule a free consultation to learn more.

Attorney Advertising. This website is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. Testimonials are not a guarantee, warranty, or prediction of the outcome of your case. By providing certain contact information herein, you are expressly authorizing the recipient of this message to contact you via the methods of communication provided.

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