If you lost a close loved one due to another party’s negligence or wrongdoing, Laborde Earles Injury Lawyers may be able to help. Our wrongful death lawyer from Laborde Earles Injury Lawyers can handle seeking and recovering compensation for you and your loved ones in Andrew, LA. Your family does not have to go through this process alone.
We can help you review your legal options and next steps during a free case review with a member of our legal team today. We work on a contingency fee basis, meaning you can get the help of a lawyer regardless of your financial situation.
Proving the Presence of Negligence in a Wrongful Death Case
You will not automatically recover compensation upon filing a wrongful death claim or lawsuit. You and your legal team will need to prove that your loved one’s passing was due to another party’s negligence.
Depending on your case’s facts, accountability could rest on a negligent motorist, careless property owner or manager, or a product’s manufacturer. When we handle these wrongful death cases, our lawyers in Andrew must demonstrate:
Duty of Care
Everyone has a civil obligation to take reasonable precautions that prevent harm from befalling others. For instance, every motorist has a duty of care to operate their vehicle safely and within all traffic laws. This means there is a duty of care present in every traffic accident case.
Breach of Duty of Care
The lawyer must prove the at-fault party’s actions fell short of their duty based on the legal standard. For instance, if a negligent motorist drove while under the influence of drugs, this would effectively breach their duty of care.
In car accidents, this may require identifying the laws they violated that caused the accident. In other types of cases, the attorney will need to prove how the liable party failed to uphold their duty of care to keep your loved one safe.
Causation
Our legal team must show that the at-fault party’s actions directly caused your loved one’s passing. They can use accident reports, photos of the accident scene, your loved one’s medical records, expert testimony, and more to achieve this goal.
For example, providing medical records that show a severe traumatic brain injury in the hours following the crash may be enough to link the victim’s injuries and subsequent death with the collision the defendant caused.
Damages
You must have financial losses stemming from your loved one’s passing. In most injury accidents severe enough to lead to death, the victim and family suffer several types of harm. This includes financial harm, physical injuries, and intangible damages.
By calculating your family’s medical bills, funeral receipts, and other damages, our lawyer can show how much your family lost financially due to this incident.
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Our Andrew Wrongful Death Lawyer Can Help You Pursue Compensation
Following the death of a close loved one, you may be wondering what damages you can recover through a wrongful death action. One of the duties that a Laborde Earles Injury Lawyers attorney will undertake is evaluating the extent of your economic and non-economic damages.
It is important to understand what monetary figure represents your damages since this will become the basis of your negotiations with the insurance company.
Some compensable losses in a wrongful death case in Andrew could include:
- The cost of a funeral or memorial service
- Burial expenses
- Medical bills
- Loss of consortium
- Loss of household benefits
- Loss of parental guidance
- Loss of income
- Loss of inheritance
You may be able to recover losses not included on this list. We can cover the types of compensable wrongful death damages you may be able to pursue during a free consultation today.
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Our Law Firm Can Help with Many Kinds of Wrongful Death Incidents
Our legal team acknowledges that many different situations can result in wrongful death. We can help your family seek justice and compensation if your loved one died after suffering injuries in:
- Truck accidents
- Car accidents
- Dog bites
- Defective products
- Premises liability cases
- Maritime accidents
- Product liability cases
- Dangerous drugs
- Slip and falls
Your case’s success will hinge on whether you can prove that another party acted negligently. A wrongful death lawyer from our team can investigate the circumstances of your loved one’s passing to determine what factors caused or led to their death.
It is important to recognize that we pursue damages for our clients in a civil case. Sometimes, this is the only way to hold the liable parties accountable for your loved one’s death. The at-fault party in your case may not face any jail time or other penalties associated with violating criminal law.
However, if the death was a result of a criminal act, then the guilty party may face criminal charges in addition to your civil case. For example, a drunk driver may face both civil and criminal consequences for their actions.
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Only Certain Parties Can Initiate a Wrongful Death Action
Under the state’s wrongful death law, CC Art. 2315.2, only certain family members can initiate a wrongful death claim or lawsuit. This includes the decedent’s:
- Spouse or children
- Parents, if the decedent was not married or had no children
- Siblings, if the decedent did not have surviving parents, spouse, or children
- Grandparents, if the decedent did not have a surviving spouse, children, siblings, or parents
When you trust Laborde Earles Injury Lawyers with your case, our team can determine whether you can file a wrongful death action or seek other compensation for your family based on your loved one’s death.
Our team wants to start helping you and your family today. We offer a free consultation where you can ask us anything regarding your wrongful death case and learn about your rights and legal options.
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Deadlines on Pursuing an Andrew Wrongful Death Case
Many complexities go into filing a successful wrongful death action. Doing or saying the wrong thing could endanger your rights.
One of the essential things you must do to protect your rights is to abide by the state’s statute of limitations or other deadlines. Per CC Art. 3492, you usually have only a year from the date of the decedent’s passing to file a wrongful death lawsuit.
Our attorney will take steps to protect your rights and make navigating this process easier. In addition to identifying and meeting all applicable deadlines, an attorney with our team will work on proving the cause of your loved one’s death, calculating the cost of your damages, and navigating the legal system on your behalf.
Call Laborde Earles Injury Lawyers Today
Our law firm is committed to providing compassionate representation for people in Andrew, LA, who have lost a loved one due to negligence. We want to hear about the details of your loved one’s passing so that we can determine how to help you in your wrongful death case.
To learn more about working with a lawyer from Laborde Earles Injury Lawyers, call our Lafayette office today at (337) 777-7777. We can review your Vermilion Parish incident and the loss of your family member for free.
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