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.
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.
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.
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.
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.
“Price showed no fear. The only thing I can use to actively describe what I saw that day in court was someone standing there protecting our family and fighting for them at the same time…he took control of the situation and was truthful.”
“It was a smooth process. I didn’t have to guess about what was going to happen next…I was reassured that he was going to do the right thing. I was reassured that he was looking out for me.”
“He was ready to fight for me…I felt like he had my best interest in mind. It wasn’t just for the paycheck at the end.”
“Price worked for an insurance company in the past and now he’s working against the insurance company so it was because of that we trusted that he knew how an insurance company worked and how to fight them.”
“I feel blessed that I can help turn things around for my clients who have been denied that piece of mind of financial stability and we make sure that the insurance company and the court realize that these are actual people, these are families that are suffering greatly.”
I want to say thanks to J. Price McNamara for the sound free advice he gave me related how to increase my chances of being approved for Long Term Disability of being denied. I must say after implementing elements of…
I needed an attorney with a specific specialty and Price McNamara was definitely the right choice. His representation was based on principles that are probably unsurpassed by any other attorney in the field. McNamara represents individuals, not big-money corporations, like…
I found Mr. McNamara to be practical and efficient. He did what I needed in a reasonable amount of time, keeping me well informed and with excellent results. He communicated with me clearly and on a timely basis. I will…
I am a current client of Mr. McNamara’s. He is very accessible and responds to my emails and phone calls in a timely manner. I find him to be very professional and knowledgeable, as well as ready, willing and able…
I am an attorney. Price represented me, and in a separate suit represented my daughter, for injuries. He moved the cases at lightning speed and obtained maximum recovery. I was grateful and surprised. I would recommend Price to anyone who…
I would recommend Mr. Mcnanmara to anyone at any time. He was the best attorney that my family and I came in contact with. About three years ago we had a very tragic, accidental death in our family and the…
Price and Sara are great. They helped us in a time of need. Their communication was always spot on and I never felt out of the loop with what was going on with our case.
Price is very professional, honest, and reliable. Whatever he says, he will follow through with the utmost integrity. He will turn over every stone and pays close attention to even the smallest detail. I’m glad I secured his services.
Without going into the painful details regarding the reason for having to hire Price, his compassion and communication helped my family during an extremely difficult time. If you need legal help because you or a family member was injured by…
My client’s cause for an ERISA accidental death and dismemberment denial lawsuit began when both Esther and her husband were involved in a tragic head-on collision with an 18-wheeler. This tragic accident resulted in severe injuries to Esther, as well as David’s untimely death.
Our client, a young husband with two children, sustained closed-head brain injury as a result of an automobile accident. The at-fault driver’s insurance company initially refused to pay, but shortly before trial, agreed to pay the entirety of its insurance policy limits of $2,000,000.
Our client was a floor hand and Jones Act seaman who suffered a shoulder injury while working for Blake Offshore, LLC. Suit was filed in federal court in New Orleans. Blake and its insurance company offered relatively little in settlement, so the case proceeded to trial.
Our client sustained a fractured hip and reduced ability to earn wages in the future as a result of an accident sustained on the offshore drilling rig to which he was assigned. Suit was filed in federal court in New Orleans.
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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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:
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.
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.
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.
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