When your loved one passes on because of injuries from an accident, it can affect your life in many ways. If their death happened because of another party’s negligence, Louisiana law allows you to hold them accountable and seek compensation for the damages your family suffered.
This compensation can help you and the rest of the family regain your financial footing. However, the process of recovering wrongful death damages can be complex. A Duson wrongful death lawyer from our team at Laborde Earles Injury Lawyers can help you build a strong claim and seek the best possible outcome in your case.
Understanding the Elements of a Wrongful Death Claim
You may not fully know what such a case entails, but our attorneys can over guidance and support every step of the way. This includes explaining what to expect throughout the process and the different components of your case:
How to Define Wrongful Death
Wrongful death occurs when someone’s death is the result of negligence or intentional acts by another party. The surviving beneficiaries of the deceased person can file a wrongful death claim or civil lawsuit to collect compensation for the resulting expenses, losses, and other damages.
Accidents That Lead to Wrongful Death
Any type of accident caused by negligence can equate to wrongful death. Some accidents lead to death more often than others. For example, wrongful death cases we’ve handle often involve:
- Car accidents: Many people perish in car crashes and negligence is a leading cause of these accidents.
- Property owner negligence: When property owners fail to fulfill their duty of care to those on their premises, it can also lead to fatalities. This may be due to slips and falls, fires, and drowning.
- Medical malpractice: Medical malpractice is yet another scenario that can cause the victim’s untimely passing.
- Workplace accidents: Accidents at the workplace may also cause somebody’s death.
- Product malfunctions or defects: If a producer manufactured defective products that led to fatalities you can also hold them responsible.
Whatever the cause of your loved one’s passing in Duson, a wrongful death lawyer from our firm can advise you on how to best seek compensation.
The Burden of Proof in a Duson Wrongful Death Case
The burden of proof refers to the plaintiff’s duty to prove a claim. If you bring the wrongful death claim, you are the plaintiff. Therefore, you have to show that your loved one’s death would not have happened had the defendant not acted negligently.
So, you have to present enough evidence to support your case and prove that wrongful death happened. This may sound complex, but our wrongful death team knows the type of evidence it takes to prove these cases. We can help you prove the other party’s negligence.
Deadlines in a Duson Wrongful Death Lawsuit
Each state in America has its own laws on the deadline to bring a wrongful death lawsuit. Under CC Art. 2315.1, you have one year from the time of your loved one’s death to file the civil suit. Letting this deadline pass has its consequences
For one, you lose the chance to file a suit in the future. This means that you will have jeopardized your opportunity to hold the defendant responsible for their negligence. If you hire our wrongful death lawyers in enough time, we will act quickly to ensure no deadlines pass. That way, you will have the opportunity to present the case in court if necessary.
Members of the Family That Can File a Wrongful Death Suit
Louisiana’s statutes outline which surviving family members can bring a wrongful death lawsuit against the defendant. The deceased’s spouse and children have priority over other family members in filing a wrongful death suit. Otherwise, the deceased’s parents take over the role of filing the suit.
The next in line for consideration are the victim’s brothers and sisters. If there are no siblings, your loved one’s grandparents can file for compensation. In case of any concerns on who can bring the suit, a lawyer can provide guidance.
Laborde Earles injury was great for me they took care of me very fast and professional. If for any reason I need legal help they will be who I use.
ClientDetermining the Settlement in a Duson Wrongful Death Case
The settlement in a Duson wrongful death case will depend on the financial costs and emotional toll of your loved one’s passing. A lawyer can help you estimate the value of your wrongful death case. Some of the financial losses you could recover through wrongful death compensation include:
- Medical costs
- Loss of the deceased’s expected earnings
- Funeral expenses
The death of your loved one causes more than just monetary losses. It leaves you with emotional anguish too. Thus, you can recover compensation for:
- Pain and suffering
- Loss of support, guidance, and love
- Loss of consortium (for a surviving spouse)
I thank God for Digger & David. I don’t know what we would have done if it hadn’t have been for them.
Rick Smith | ClientWays a Duson Wrongful Death Lawyer Can Help
To prove your wrongful death claim, you will need concrete and valid evidence. Our wrongful death attorneys can gather such evidence to show how the accident happened and who is responsible. Evidence can also show how the accident contributed to your loved one’s death.
At Laborde Earles Injury Lawyers, we can handle your case on contingency. With this arrangement, we charge zero fees until we win or settle your wrongful death case. This allows you to access legal services to get compensation for the loss of your loved one.
The reassurance from Digger and his staff gave me that renewed hope that it’s going to be okay down the road.
ClientWe Can Stand By You and Advocate for Your Rights
As you try to come to terms with the sudden loss of your loved one, you may not want to think about filing a case or even start the process. You can entrust us with handling the wrongful death case on your family’s behalf, because we’re On Your Side.
That way, you can take time to process the loss and heal. Hiring our lawyers to advocate for your right to compensation can give you peace of mind. Contact Laborde Earles Injury Lawyers now for a free consultation.
