There are few things as painful as losing a loved one. The pain is even worse if they lost their lives because of someone else’s negligent actions. Their passing leaves you with incalculable grief, medical costs, and loss of companionship. You might also need to file a wrongful death lawsuit against the party while still dealing with your grief. This can be overwhelming for anyone, especially so soon after your loved one’s death.
A Cecilia wrongful death lawyer from Laborde Earles Injury Lawyers will not let you go through this alone. Our injury firm takes the legal burden off your shoulders. Your lawyer will provide guidance throughout the process, giving you time to adjust and cope with your loss.
What to Do After a Wrongful Death in Cecilia
You cannot plan for wrongful death as it can take you by surprise. Your loved one’s sudden passing can confuse you, making you unsure of what your next step should be. This is understandable and a valid reaction to any death.
Some of the steps that can help you pursue justice for your loved one include:
Contacting the Authorities
It is important to reach out to the police after a death. This is more so in cases like motorcycle accidents where evidence can get lost with time. The police record all details surrounding the death, such as taking evidence of the damage. Their reports can also act as evidence that you might need when filing a lawsuit.
Getting Medical Reports
A medical report is necessary regardless of the cause of death. The report provides concrete proof of the accident that led to your loved one’s death. It shows the possible cause of death and makes it easier to establish liability.
Health professionals can also act as expert witnesses to support your claim. They give their medical opinion of what happened and divulge more information about the cause of death. A medical report can also act as proof when claiming damages.
Gathering Evidence
Evidence is crucial when dealing with a wrongful death case. It is what you will use to support your claim and can help in proving liability. Some of the evidence you might need to collect includes witness statements. You can take a video or audio recording of what they saw regarding the accident.
You should also take witness information such as their names, addresses, and phone numbers. You might need their help as the case progresses, and having their information gives you a way to contact them.
If you were at the scene of the accident and took pictures or videos, these can be crucial to your case. Request CCTV or traffic camera footage around the area where the death occurred if possible. This will provide more relevance to your case and backs your claims up.
Talking to a Lawyer from Our Firm
It is advisable to get legal help as soon as you know about the death. Connecting with a Cecilia wrongful death lawyer from our firm ensures you get professional help with your situation. They know the necessary legal processes and can start working on them right away.
Your lawyer can also help you gather evidence, especially if you are busy making funeral arrangements. They know the statute of limitations surrounding wrongful deaths and ensure they file everything within a reasonable time.
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Determining Liability in Wrongful Death Cases
Determining liability in wrongful death lawsuits can be challenging. Our wrongful death lawyer can help you find the responsible party and hold them accountable. To do this, they must prove these four elements:
Negligence
You must have proof that your loved one’s death was caused by the defendant’s reckless, careless, or negligent actions. Their negligence might be partially or completely responsible for the death. Using available evidence, your lawyer can show how much responsibility the at-fault party holds for the accident.
Breach of Duty
Your lawyer must prove that the liable party owed the victim a duty of care. For example, a property owner has the duty to protect those under his roof. Failure to do so breaches their duty, putting other parties at risk.
You will need to prove the duty of care owed to your loved one and how the defendant’s actions or inaction breached it.
Causation
There should be a tie between the defendant’s negligence and the breach of duty that led to the death. You and your lawyer are responsible for proving how their actions or inaction led to your loved one’s death.
Damages
There should be a tie between the actions or inaction and the damages incurred to prove wrongful death. For example, a building owner fails to repair a rotten roof. The roof then collapses on your loved one, leading to their death.
Some of the damages incurred in such a situation include hospitalization and medical expenses. Your lawyer can help give these damages a monetary value and use the amount when filing for compensation.
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Recoverable Damages in a Wrongful Death Case
Damages incurred from wrongful death range from quantifiable to unquantifiable. Quantifiable damages include:
- Medical expenses
- Hospitalization costs
- Funeral and burial costs
- Loss of income
- Loss of potential earnings
There are also unquantifiable losses that affect the decedent and their surviving family members. They include:
- The deceased’s pain and suffering before they passed
- Loss of protection and guidance for surviving relatives, such as their children
- Loss of independence. This affects both the deceased and the family members who had to take care of them
- Loss of consortium
- The victim’s family’s pain and suffering
Proving these damages can be almost impossible. Your lawyer can make this easier for you by gathering strong, convincing evidence. The lawyer also uses this evidence to negotiate a worthwhile settlement for you. They represent you and put your best interests first, ensuring your needs are at the forefront. They also help prevent the insurance company and the liable party from taking advantage of your vulnerable state.
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Reach Out to a Laborde Earles Wrongful Death Lawyer Today
Our attorneys are here to help you when dealing with a wrongful death case. We understand the pain you are going through and do our best to alleviate some of it. We don’t charge upfront fees; you only pay us once we win or settle your case. Call us today for a free case evaluation and allow us to begin working on your case.
Get The HelpYou Need(337) 777-7777To Schedule a FREE CONSULTATION
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