Losing a loved one to another party’s negligence is devastating. It may harm you and your family financially and emotionally. If you lost your loved one in Avoyelles Parish, you can hold the negligent party responsible by filing a wrongful death case.
An Avoyelles Parish wrongful death lawyer from Laborde Earles Injury Lawyers can help you file the claim and represent you to get compensation. The laws surrounding wrongful death are complex. Your injury lawyer can help you understand them and correctly apply them to the case. Read on to understand the intricacies of a wrongful death claim and the ways our lawyer will assist.
Parties That Can File a Wrongful Death Case in Avoyelles Parish
Not every family member has the right to bring a wrongful death action. CC Art. 2315.2 outlines which parties can do so. The spouse and children of the deceased have priority in filing the case.
If there is no spouse or children, the surviving parents of your loved one can bring the case. If there are no surviving parents, children, or spouse, the duty falls to surviving brothers and sisters. If none of the listed groups exist, the deceased’s surviving grandparents can bring the wrongful death case.
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Understanding Who You Bring a Wrongful Death Claim Against
You can bring a wrongful death claim against any party whose negligence caused your loved one’s death. So, you can file a wrongful death claim for a variety of cases. They include:
- Traffic crashes e.g. car, truck, motorcycle, and pedestrian accidents
- Defective products
- Medical malpractice
You can think of wrongful death cases as a kind of personal injury case where the one who suffered an injury cannot bring a claim. So, another party will have to file the case on their behalf. The surviving family member who brings the case must prove negligence just as your loved one would have if they were present.
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How to Prove Negligence in an Avoyelles Parish Wrongful Death Case
Proving negligence means showing that your loved one’s death happened because of the reckless actions of the defendant. It is essential in getting compensation. There are various components involved in proving negligence. The first is to show that the other party owed the deceased a duty of care.
Next is to demonstrate that the defendant breached their legal duty of care. You must also show how the breach caused the death of your loved one. Also, that damages resulted from the death of your family member.
Strong evidence is crucial in proving negligence in a wrongful death case. Your Avoyelles Parish wrongful death lawyer can help you prove negligence.
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Our Lawyers Can Build Your Case
At Laborde Earles Injury Lawyers, our attorneys can use strong evidence to build your wrongful death case. To collect persuasive evidence, we can investigate the case. Investigations may involve talking to witnesses and experts. We can also review any photo or video evidence. Medical reports can also help build a solid case.
Witness testimonies can help establish which party was at fault for your loved one’s injuries and hence death. Expert witnesses are professionals who have extensive knowledge in a certain field. Thus, they can testify about matters within their expertise. For example, in medical malpractice, an expert can establish what standard of care the defendant owed and if they violated it.
If a surveillance camera captured the incident that caused your loved one’s injuries, we may be able to access it. For example, a traffic camera may record how a car crash happened. Your lawyer can use credible evidence to prove the defendant’s negligence.
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Timelines to Consider in a Wrongful Death Lawsuit
Every state provides a timeline within which you must bring a wrongful death action. This timeline is the statute of limitations. In Louisiana, the statute of limitations for bringing a wrongful death action is one year.
This year gets counted from the time your loved one passed away. If you do not file the civil suit within the one-year timeframe, you and your family are likely to lose the right to do so. This means that you jeopardize your chance to hold the negligent party accountable for their actions.
Your Avoyelles Parish wrongful death lawyer can ensure that you do not miss any deadlines. In some special circumstances, this deadline may change. In such cases, your attorney can explain how the different timelines apply to your case.
Potential Recoverable Damages in Your Wrongful Death Case
The surviving family members receive damages to compensate them for their family member’s passing due to negligence. You can get economic damages. These cover:
- Burial and funeral costs
- Loss of the financial help that your loved one provided
- Medical expenses that accrued during your loved one’s treatment
You can also get non-economic damages in a wrongful death claim. Those involve:
- Pain and suffering
- Loss of consortium
- Loss of guidance and support
In some cases, you can get punitive damages for your loved one’s wrongful death. Punitive damages punish the defendant if their actions were intentional or quite heinous.
The punishment serves to warn others from attempting to do the same. Your wrongful death attorney can determine your damages and calculate them for your family.
Our Lawyers Will Fight to Help Your Family Get Compensation
You can settle the wrongful death case out of court. We can handle negotiations while advocating for your best interest. By calculating how much the case is worth, we can help you identify low settlement offers.
If reaching a settlement agreement becomes impossible, we can file a wrongful death lawsuit on your behalf. We will represent the case in court.
Discuss Your Wrongful Death Case With a Compassionate Team Member Today
A wrongful death case can be complex. You can consult an attorney from Laborde Earles Injury Lawyers who understands how to fight for your rights in case of wrongful death. Our Avoyelles Parish wrongful death lawyer can advocate for your family’s right to get compensation in central eastern Louisiana.
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