Losing a loved one to someone’s negligence is unimaginably painful. You will likely incur unexpected expenses. The death can also affect your mental health and cause financial strain if your loved one was your primary provider. Claiming compensation from the liable party can help recover some damages and reduce straining.
A Breaux Bridge wrongful death lawyer from Laborde Earles Injury Lawyers will help you seek justice by identifying the liable party and taking legal action. Continue reading for more information about how an attorney from our injury firm can help if you lost a loved one due to negligence.
Causes of Wrongful Deaths
Wrongful deaths occur due to various reasons, often accidents related to negligence. For example, the fatalities may be due to car accidents involving distracted or drunk drivers. Such collisions may also happen due to:
- Speeding
- Driving damaged vehicles
- Poor road conditions
Workplace accidents are another prevalent cause of wrongful deaths. Employees working in companies that handle heavy machinery may sustain fatal injuries. They may also die immediately when the accidents involve significant head injuries or bleeding.
Medical negligence is another issue that may lead to wrongful deaths.
This aspect refers to when healthcare providers fail to care for their patients, leading to adverse health problems. Some elements that may count as medical negligence are:
- Failure to diagnose
- Failure to treat
- Incorrect surgeries
- Prescribing the wrong medication
- Birth injuries
Premises Liability
Premises liability can lead to wrongful deaths in several ways. For example, a poorly maintained house may fall and cause fatality. It may also lead to flooding and electrical fires or drowning. Another issue that may result from premises liability is slip and fall accidents.
More causes of Breaux Bridge wrongful deaths are:
- Human trafficking
- Dog bites
- Harmful pharmaceutical products
- Defective products
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Establishing Liability for a Wrongful Death
Determining and proving fault for a wrongful death will involve a detailed investigation. A Breaux Bridge attorney will evaluate the issues leading to your loved one’s demise. After that, they will assess if other parties were able to prevent the incident or fatality.
For example, if the death resulted from a road crash, the lawyer will determine if the other motorist had enough time to act. Further, they will confirm if the accident was preventable by observing traffic regulations and maintaining the vehicle.
When your lawyer identifies the party that breached the duty of care, they will gather evidence to prove liability. For example, they may obtain images taken at the scene and video surveillance footage. The attorney may also interview witnesses for detailed accounts of the incident.
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Filing a Breaux Bridge Wrongful Death Claim
Once your attorney identifies the party liable for your loved one’s death, they will file a claim. The first step will be determining all damages resulting from the fatality. After that, the lawyer will estimate the value of injuries and gather evidence linking them to negligence.
When your Breaux Bridge attorney has enough details regarding sustained damage, they will write a demand letter. This document will include information like:
- Your name
- The accident or incident in question
- The name of the deceased victim
- Reasons you hold the recipient accountable for damages
- The estimated value of each injury
Your Breaux Bridge attorney will send a demand letter to the liable party’s insurance company and wait for feedback. If the insurer offers reimbursement, the lawyer will determine if the amount is satisfactory. After that, they may advise you to accept it and close your case with a release of liability. If the compensation is meager, your lawyer will negotiate a higher amount or file a lawsuit.
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Wrongful Death Damages You Can Claim in Breaux Bridge
You can claim a broad range of damages based on your relationship with the deceased and how the issue affects you. One aspect the attorney may seek from the liable party is lost income and wages. Besides that, they can claim reimbursement for medical costs a loved one incurred before passing. Such may pertain to:
- Hospitalization
- Surgery
- Hospice care
- Doctor consultation fees
- Transport to hospitals
- Hiring a home nurse
- Medication
Losing a loved one can affect your emotions, leading to mental health problems. For example, you may suffer depression due to constant stress and suffering. Your Breaux Bridge wrongful death lawyer will consult a mental health professional to assess the severity of your condition. They will then determine the reimbursement to claim based on the treatment cost and the impact on your personal life or career.
Other wrongful death damages your Breaux Bridge lawyer can claim are:
- Lost financial contributions
- Loss of consortium
- Grief
- Lost guidance
- Burial and funeral costs
- Lost companionship
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Deadline to File a Breaux Bridge Wrongful Death Lawsuit
If you choose to file a wrongful death lawsuit, you typically have one year to file. This aspect is because Louisiana law only allows loved ones to seek reimbursement within this duration.
A Breaux Bridge lawyer from our firm can protect your rights by developing your case before the deadline. They will also present the necessary evidence and evaluate if you qualify for deadline extensions.
Recovering Compensation in a St. Martin Parish Wrongful Death Case
After losing a loved one, the reimbursement you may receive will depend on various factors. For example, if the fatality was entirely another party’s fault, you might get significant compensation. However, insurers can lower the settlement if you or the deceased were partially accountable.
Another aspect that may influence the case value is the number of injuries. Damages with long-term effects will likely lead to higher compensation. Other aspects that may affect the value of your case are:
- The age of the deceased victim
- Their earning capacity
- The number of non-economic damages
- The cost of dealing with injuries resulting from the fatality
Your Breaux Bridge lawyer will determine the appropriate compensation based on your case’s nature. Besides that, they can identify if the deceased was partially at fault and assess the other party’s negligence level.
Connect With Our Breaux Bridge Wrongful Death Attorney
At Laborde Earles Injury Lawyers, we will review your case and take appropriate actions against the liable party or parties. Besides that, we can offer legal advice and help you understand laws related to the matter.
Our wrongful death lawyer will also answer inquiries about the case’s progress and the claim/lawsuit process. Contact Laborde Earles Injury Lawyers now for a case analysis.
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