Wrongful death occurs when someone dies because of the reckless actions of another party. If your loved one’s death is a result of negligence, you can recover damages for the emotional and financial costs.
The surviving family members of the deceased can file a wrongful death claim or lawsuit against the negligent party. A Baton Rouge wrongful death lawyer from Laborde Earles Injury Lawyers can handle your case from start to finish. You can expect our injury lawyers to build a strong case based on credible evidence to support your claims.
Financial Recovery in a Baton Rouge Wrongful Death Case
You and your family deserve compensation from the negligent party that caused your loved one’s death. Your Baton Rouge wrongful death lawyer will analyze your case to establish which damages you can claim and how much they are worth.
These damages are categorized as the following:
Economic damages cover the financial costs and losses that the surviving family members face because of their loved one’s death. Your loved one may have received treatment for their injuries before passing away. So, your family may have extensive medical bills to pay. You can recover damages for these medical expenses.
Compensation will also cover the cost of laying the deceased to rest. Other financial costs may not be as evident as medical and funeral costs. A lawyer from our firm can ensure you don’t leave any economic losses out.
Your family member can no longer provide financially, and this can leave you destitute. Thus, you can recover damages for lost wages.
In the aftermath of your loved one’s death, you are also faced with the emotional consequences of their untimely passing. Non-economic damages seek to compensate eligible family members for such intangible losses. One such loss is pain and suffering. It compensates you for the grief you experience for the victim’s passing.
Your loved one’s death robs you of the guidance, support, and love they provided. So, you can get compensated for the loss of these benefits. Spouses can recover damages for the loss of consortium. It covers the loss of companionship, care, and intimacy that the surviving spouse faces.
In specific situations, you can get punitive damages on top of other damages. The defendant pays punitive damages as a form of punishment for what they did. The court can choose to award you punitive damages if the defendant’s actions were particularly harmful. But you will have to demonstrate that the defendant’s wanton actions were intentional.
For a free legal consultation with a wrongful death lawyer serving Baton Rouge, call (337) 777-7777
How Long a Baton Rouge Wrongful Death Claim Takes to Settle
Every wrongful death case differs from all the others. Some may take a short time to settle while others take a longer time. Negotiations with the other party can impact how long your case takes. If they are cooperative, you can settle in a relatively shorter time.
But sometimes, reaching a settlement is not possible.
Then you will have to file a wrongful death lawsuit. The case will go to a civil court after that. This process may take a longer time. Negotiations may continue while the case is in court, and you can reach an agreement.
Your Baton Rouge wrongful death lawyer can take care of negotiations with the defense. If the case must proceed to court, we can represent you.
Baton Rouge Wrongful Death Lawyer Near Me (337) 777-7777
The Statute of Limitations for Wrongful Death Lawsuits in Baton Rouge
Generally, you don’t have an infinite amount of time to file a wrongful death lawsuit. The law provides a deadline, called the statute of limitations, to present your case. Every state in the country sets its timeline.
According to CC Art. 2315.2, you and your family have one year from the death of your loved one to file a lawsuit. There are some ramifications if the year ends without you filing the suit. You will lose the opportunity to file it at any other time. So, you may jeopardize your chances of holding the defendant responsible for your loved one’s death.
Your lawyer can make sure that you meet this deadline to protect your right to recover damages. The statute of limitations may change in special circumstances. For example, if the case is against the government. Your lawyer can establish if any special deadlines apply to your case and ensure you meet them.
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Filing a Wrongful Death Lawsuit in East Baton Rouge Parish
The law in Louisiana outlines which surviving family members can file a wrongful death suit. First up is the surviving spouse and kids, or either of them. Sometimes, the deceased may not have a spouse or children. The task of filing a suit will then go to their surviving father and mother.
The deceased might not have surviving parents, children, or a spouse. If there are surviving brothers and sisters, they will bring the wrongful death action. But what if there are no parents, siblings, children, or a spouse? The surviving grandparents will take on the role of filing the suit.
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We Can Help You Prove Negligence in a Wrongful Death Claim
You must prove that the defendant demonstrated negligence for you to get compensation. To prove negligence, you must prove that:
- The other party owed your loved one a duty of care
- The defendant violated their duty of care
- The defendant’s actions led to the deceased’s eventual passing
- The death of the deceased resulted in damages
We can gather credible evidence that helps prove negligence by the defendant. Evidence can come from witness testimonies, video footage, and medical files. Our lawyers can obtain quality evidence to build the case and thus help you settle or win it.
Consult Our Baton Rouge Wrongful Death Lawyer for Legal Help
If you think your loved one’s death happened because of another’s negligence, we can assist you in holding them accountable. Our team can investigate the case, explain the proceedings to you, and advocate for your rights. Call Laborde Earles Injury Lawyers today to discuss the next steps in getting compensation.
Call or text (337) 777-7777 or complete a Free Case Evaluation form