The death of your loved one leaves behind a void in your life. If their death occurred because of another party’s negligence, you can seek justice by filing a wrongful death case against the defendant. The defendant is the party whose actions led to your loved one’s passing.
An Arnaudville wrongful death lawyer from Laborde Earles Injury Lawyers can defend your right to compensation. Our injury attorneys can assess your case and create a strategy to help you recover damages. Filing for compensation can help you and your family with the economic and non-economic losses that resulted from the victim’s death.
How Wrongful Death Happens
Wrongful death occurs when a person’s or organization’s negligent actions lead to someone’s death. Negligence is the failure to demonstrate reasonable care that an ordinary person is expected to exercise if put in the same situation. Wrongful death is presented in a civil case.
Among the top reasons for wrongful death is traffic accidents. The Insurance Institute for Highway Safety (IIHS) stated that in 2019, 4119 people succumbed to large truck accidents. Most of these fatalities usually befall occupants of passenger vehicles. The smaller size of these cars makes the occupants more exposed to injuries and fatalities. Other traffic accidents may involve motorcycles, pedestrians, and bicycles.
Wrongful death can also occur due to:
- Defective products
- Workplace injuries
- Medical malpractice
Some cases may involve more than one responsible party. An Arnaudville wrongful death lawyer from our firm can analyze your case to determine all the parties liable for your loved one’s death and hold them accountable.
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Your Legal Options After a Loved One’s Wrongful Death in Arnaudville
A wrongful death case in Arnaudville can settle out of court or through a lawsuit. For the first alternative, the defendant’s insurance company will pay out the compensation amount to the victim’s eligible family members. Your Arnaudville wrongful death lawyer can negotiate with the insurer to reach a settlement figure.
You may go to trial if settling is not achievable. The jury will decide the case and determine the amount of damages you should receive. As a plaintiff bringing the complaint, you must prove that the defendant’s negligent or intentional actions caused your loved one’s death. This is key in recovering compensation.
An example of negligence is a truck driver speeding and driving while drunk. Your wrongful death attorney can help you prove negligence or willful conduct on the defendant’s part.
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Parties That Can Pursue Legal Action in Arnaudville for Wrongful Death
To bring legal action for wrongful death in Louisiana, you must have the legal right to do so. CC Art. 2315.2 outlines which family members have this right to recovery. The law gives the right to recovery to the surviving spouse and/or children of the victim first.
When they are not present, the right goes to the deceased party’s father and/or mother. Next in line to bring legal action are the victim’s brothers and/or sisters. If these groups are absent, the grandfathers and/or grandmothers of the deceased take on the role of pursuing damages.
We know that laws on wrongful death can quickly become complicated. Thus, if you have any questions regarding the legislation in Louisiana on the topic, direct them to your wrongful death lawyer. Their specialization in the legal area places them in the best position to provide answers.
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Meeting State Deadlines for Filing a Wrongful Death Lawsuit in Arnaudville
Every state provides a timeline within which the surviving family members of a victim must bring a wrongful death lawsuit. The timeline is widely known as the statute of limitations. In Louisiana, this timeline is one year from when your loved one died.
If you have the right to bring a lawsuit but don’t do it within the required period, you can lose the chance to get compensation. Your lawyer can handle your wrongful death case efficiently to ensure you meet the deadline.
A huge concern among plaintiffs in wrongful death cases is how long the process will take. There is no universal answer to that. The facts of your case will determine the time it takes. Your Arnaudville lawyer can start working on your case as soon as possible to ensure the process moves smoothly and on schedule.
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Compensation in an Arnaudville Wrongful Death Case
Each wrongful death case is unique, meaning compensation will depend on the specific factors of your case. But, knowing the potential damages in a wrongful death case can help you understand what you may recover. Wrongful death damages are divided into economic, non-economic, and punitive. Punitive damages punish the defendant for their willful and especially atrocious actions. Economic damages include the monetary costs of the victim’s death. For example:
- Medical costs before death
- Funeral costs
- Lost wages
Non-economic damages compensate you for your emotional losses. These include:
- Pain and suffering
- Loss of love, care, and support
- Loss of companionship
Your Arnaudville wrongful death lawyer can look at your case and tell you which damages you can recover. They can also help you estimate a favorable settlement for wrongful death.
Our Arnaudville Wrongful Death Attorney Can Fight for Your Rights
You have the legal right to hold the negligent individual responsible for your loved one’s death. Our wrongful death attorney can advocate for your right to do so by building a strong case that proves your claims.
Some evidence that can go into strengthening your wrongful death case includes witness statements and medical records. We can also engage experts to provide more information on the accident that resulted in wrongful death.
Talk to Our Team Today About Your Wrongful Death Case
Reaching out to our wrongful death lawyer serving St. Landry and St. Martin parishes can provide you with peace of mind. We will handle all the legal aspects of your case to give you time to process your loss.
You will not have to worry about paperwork or making errors. Give Laborde Earles Injury Lawyers a call today to talk about recovering damages. We offer free consultations.
Get The HelpYou Need(337) 777-7777To Schedule a FREE CONSULTATION
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