Losing a loved one leaves any family with a gap that is impossible to fill. Beyond the emotional pain and stress, a family must deal with losing the financial support the deceased provided. Our Broussard wrongful death lawyer can help you recover damages if the death occurred due to a wrongful act or negligence.
An injury lawyer from Laborde Earles Injury Lawyers will handle the claims process, allowing your family time to mourn in peace while still pursuing justice. Our lawyers will help you navigate through the legal complexities involved in making a successful wrongful death claim.
Steps to Take After Losing a Loved One Due to Negligence in Broussard
It can be difficult to think about what actions to take immediately after losing a loved one. If the cause of death is negligence or a willful act of violence, the only step you should take is to reach out to our wrongful death attorney. Your lawyer will help you identify which parties are liable in the claim.
In some cases, a family may not know that they can recover damages because the cause of death may be unclear. Your Broussard wrongful death attorney can consult a medical expert who can determine the cause of death. If the cause of death is clear and the liable parties offer a settlement, do not accept it without consulting us first. We can help you contact the liable parties and their insurers.
This is a key step in the process, and having legal representation helps you avoid making mistakes that could negatively affect your claim. The third step is gathering evidence, and this is also a responsibility you should leave to your lawyer. They will also help your family understand who can file a wrongful death claim in Louisiana. For instance, only the following family members related to the deceased can file a claim:
- The deceased’s spouse
- Children of the deceased
- Parents
- Siblings
- Grandparents
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Causes of a Wrongful Death Claim
A wrongful death claim is commonly caused by an act of negligence. Motor vehicle accidents are the leading cause of death that arises out of the negligence of the involved parties. For instance, the number of people who died from motor vehicle accidents in 2020 was approximately 38,824. A wrongful death claim may also arise due to:
- Medical malpractice
- Maritime accidents
- Exposure to dangerous chemicals
- Accidents at the workplace
- Boating accidents
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How Our Wrongful Death Lawyer Can Help
Your wrongful death lawyer can help you gather evidence to show that the liable party was at fault for the accident that led to the death of your loved one. Your lawyer will compile the medical records showing the treatment received by the deceased prior to their death. This will help prove that the injuries caused by the liable party’s breach of duty directly led to the demise of the injured party.
We will initiate the claims process by first communicating with the liable party and their insurers. The liable party’s insurer will normally try to settle the matter quickly, especially if you do not have legal representation. This is because insurance companies make low offers to injured parties who may not know how much their claim is worth.
Having legal representation makes it easier for you to find out which parties you can go after in the claim. This is because it may not be apparent at first. For instance, you can hold the company employing a driver liable for an auto accident. Your lawyer will determine all the liable parties in your case and pursue them for damages.
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Recoverable Damages Through a Wrongful Death Claim
The damages you can recover in a wrongful death claim are both economic and non-economic in nature. The damages will compensate the deceased’s family for:
- Loss of wages
- Loss of expected future earnings
- Pain and suffering
- Medical bills incurred by the deceased prior to their demise
- Loss of consortium and companionship
- And more
Your Broussard wrongful death lawyer can help your family come up with a reasonable figure while negotiating with the liable party. Our wrongful death attorney can also gather more evidence to increase the damages you can recover.
Our Lawyers Ensure Clients Recover All Damages They Deserve
For instance, the state of Louisiana allows parties to seek exemplary damages if the actions of the liable party were in reckless disregard for the rights of others. One example of this is auto accidents caused by drunk driving. Alcohol intoxication is the leading cause of fatal accidents involving passenger vehicles.
Your wrongful death attorney will make sure that the court considers all factors when calculating the amount of damages to award. For instance, your lawyer will gather evidence showing the economic support that the deceased was providing for their family. Your lawyer will protect your family from the stress and emotional turmoil involved in pursuing a case.
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Wrongful Death Lawsuits Are Time Sensitive
Many families miss out on recovering damages because they do not know that wrongful death lawsuits are time sensitive. The state gives you or your family one year to claim damages after a wrongful death. The clock begins after the death of your loved one and not the event causing their injuries.
For instance, if an accident occurred two years ago, and an injured party succumbs to their injuries two years from the date of the accident, the statute of limitations has not yet expired. The family has one year from the date of death to decide whether they should file a wrongful death lawsuit.
Your wrongful death lawyer can help you make that decision. They will also help initiate the process so that time does not run out and you get barred from recovering damages.
Talk to Us Today About Your Wrongful Death Case
The pain of losing a loved one never goes away. But seeking justice from the party responsible can help you and your family from a financial point of view. Our wrongful death lawyers serving the Lafayette and St. Martin parishes can help you understand the legal options for holding the responsible party accountable.
Call Laborde Earles Injury Lawyers today and get a free consultation.
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