Losing a loved one in an auto accident can tremendously impact family members and loved ones. In addition to the grief you’re experiencing, you may incur significant financial effects that set you back for months or years. Fortunately, a Coteau Holmes fatal car accident lawyer can help you pursue damages for losses you suffered due to your loved one’s passing.
We want to help you if another party’s negligence caused a fatal car accident that resulted in a family member’s death. At Laborde Earles Injury Lawyers, we will provide you with a complimentary, confidential personal injury case review to learn more about your legal rights and options.
Identifying the Liable Party in a Fatal Car Accident and Holding Them Accountable
Dangerous and negligent driving behaviors can lead to fatal car accidents. Even clear-minded drivers who do not take risks can make egregious errors that result in a person being severely injured or losing their life. In some cases, it’s not a matter of determining who caused the accident but rather whether that person was careless or guilty of misconduct while behind the wheel.
Our Coteau Holmes fatal car accident lawyers will investigate your loved one’s accident and collect evidence to support negligence on behalf of the responsible party, such as the following:
- Accident scene and damage photos
- Surveillance footage of the accident, if available
- Police reports, traffic citations issued, breathalyzer results, etc.
- Eyewitness statements
- The decedent’s medical records and coroner’s report
- Testimony from experts, such as accident reconstructionists
Besides (or in addition to) a driver, other parties could share liability or be exclusively responsible for your family member’s accident, including the following:
- Car maintenance and repair shops
- Auto and auto parts manufacturers
- Third parties involved in the accident, including drivers of other motor vehicles, bicyclists, or pedestrians
- Local and state governments or municipalities responsible for road maintenance
Our Coteau Holmes car accident lawyers can determine if multiple parties played a role in your loved one’s death by conducting a thorough investigation. If this is the case, we can pursue claims against all parties seeking damages to cover your personal and financial losses.
The Role of Insurance Companies
It’s important to note that the insurance companies representing the parties responsible for an accident are often liable for paying your compensation. A wrongful death attorney can help you file an insurance claim and negotiate for a settlement. Many such cases are settled out of court. Still, your attorney can represent you in a trial if necessary.
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Proving Negligence and Liability in a Coteau Holmes Fatal Car Accident Case
Proving a party is liable for a car accident often requires establishing that the party in question was negligent. To do this, your Coteau Holmes car accident lawyer must demonstrate the following legal elements:
- Duty of Care: An at-fault driver is responsible for following traffic laws and keeping other road users safe.
- Breach of Duty: Failing to keep other road users safe violates the duty of care.
- Causation: We must show how the breach of duty or reckless conduct caused your loved one’s accident.
- Damages: Due to the accident, your loved one suffered fatal injuries, so their designated family members are entitled to recover damages.
Some cases may not require providing negligence, depending on the circumstances and the party being pursued for damages. For example, manufacturers of cars or auto parts can be held “strictly liable” for defective products used by customers that fail when used as intended.
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Who Can File a Wrongful Death Claim After a Fatal Car Accident in Coteau Holmes?
Per CC Art. § 2315.1, the following family members of the decedent can pursue damages in a wrongful death case in Louisiana:
- Surviving spouse
- Surviving children, by blood or adoption
- Surviving parents, by blood or adoption, if there is no spouse or children
- Surviving siblings, by blood or adoption, if there are no parents
- Surviving grandparents, by blood or adoption, if there are no surviving siblings
If you have questions about eligibility to file a wrongful death claim in Louisiana, your attorney at Laborde Earles Injury Lawyers can provide answers.
Recovering Compensation in a Wrongful Death Claim
Recoverable damages in a wrongful death claim are losses the decedent’s loved ones suffered. Some of these are purely financial, such as medical bills, while others are subjective, such as loss of companionship. Your Coteau Holmes fatal car wreck attorney can help identify all your losses, calculate their worth, and seek this amount as compensation in a claim.
Examples of recoverable damages in a Coteau Holmes fatal car accident case may include the following:
- The decedent’s remaining medical bills
- Reimbursement for funeral, burial, and cremation expenses
- Loss of the decedent’s future earnings and benefits
- Loss of the decedent’s companionship
If you have filed an insurance claim already, you can avoid the potential pitfalls of negotiating on your own by having an attorney communicate with the insurer on your behalf. It can be beneficial to have legal counsel who understands the strategies of claims adjusters who might try to deny or devalue your claim.
Our legal team can explain your risks, rights, and options and work to secure you the settlement you deserve for your losses. We know that no amount of money can bring back your loved one or take away your pain, but it may help rectify your financial hardships and provide you with some peace of mind and a sense of justice.
You Have Limited Time to File a Wrongful Death Lawsuit in Louisiana
Under CC Art. § 2315.2, eligible family members have one year from their loved one’s death to initiate a wrongful death lawsuit. For this reason, we encourage you to consult with a personal injury law firm as soon as possible to help ensure you meet this critical deadline.
Our Coteau Holmes fatal car wreck lawyers can help if you have further questions about your deadline to file a lawsuit.
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Start Working With a Coteau Holmes Fatal Car Accident Lawyer Today
At Laborde Earles Injury Lawyers, we want to ensure your family gets the financial compensation you rightfully deserve. Our attorneys have years of experience helping families who have lost loved ones due to car accidents.
Contact us as soon as possible for a free consultation and to find out how we can help you and your family pursue the compensation you deserve for your losses.
Get The HelpYou Need(337) 777-7777To Schedule a FREE CONSULTATION
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