After losing a loved one in a sudden, traumatic accident, you might feel hopeless when it comes to your legal options. You may be facing overwhelming expenses related to their passing or want to seek justice against the party responsible for your loss. Yet, you do not have to go through this troubling time alone.
A Eunice wrongful death lawyer from Laborde Earles Injury Lawyers can be by your side as you move through the financial recovery process. They can assign value to your economic and noneconomic expenses, collect evidence to assert negligence, and prepare your case for litigation, should a lawsuit serve your legal interests.
When you call us today, we want to listen to your story and, from there, determine a way we can help. Whether you lost a loved one in a car accident, through medical malpractice, or another incident, we can help you. We encourage you to reach out to our team today because, under Louisiana Civil Code §3492, you generally have one year from the date of your loved one’s passing to file a civil action.
To get started with a free, no-obligation case review, reach out to Laborde Earles Injury Lawyers today at (337) 777-7777.
Understanding Wrongful Death Cases
We can help you if you lost a loved one in any one of the following situations:
Workplace Accidents
According to the Occupational Safety and Health Administration (OSHA), in 2018, about 5,250 workers died in work-related accidents. If you lost a loved one while they were on the job, you could file a wrongful death claim against the party responsible for their passing.
Motor Vehicle Collisions
If you lost a loved one in a vehicular collision, financial recovery will rest on who was responsible for the accident. This could include an individual driver, a car’s manufacturer, or a government department tasked with maintaining a roadway.
Medical Malpractice
According to Johns Hopkins Medicine, medical error is the third-leading cause of death in the United States. If a medical professional was responsible for your loved one’s passing, you could pursue compensation from them.
Product Liability
When a product fails to perform as it should and results in the death of a consumer, the product’s manufacturer could be held liable.
At Laborde Earles Injury Lawyers, we acknowledge that this is not an exhaustive list of ways you could have lost a loved one. Either way, we can help. We encourage you to reach out to our team today.
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What the Law Says About Wrongful Death
Wrongful death claims in Louisiana can only be filed by a qualifying family member as outlined in Louisiana Civil Code §2315.2.
These relatives include the decedent’s:
- Surviving spouse or children
- Surviving parents, if there is no surviving spouse or children
- Surviving siblings, if there is no surviving spouse, children, or parents
- Surviving grandparents, if there is no surviving spouse, children, parents, or siblings
The idea of a wrongful death action is that the decedent would have had the basis of a personal injury claim had they survived their accident.
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Evidence in a Eunice Wrongful Death Claim
To recover damages in a wrongful death claim, your Eunice wrongful death lawyer will need to use the evidence in your case to prove negligence. You may be able to recover damages either through an insurance settlement or personal injury lawsuit.
Some forms of evidence in your case could include:
- Your loved one’s death certificate
- Your loved one’s medical records
- Photos and videos of the fatal accident
- Testimony from eyewitnesses and third-party consultants
- The police report, if one was filed
- Invoices, billing statements, and receipts that show economic damages
Your lawyer may be able to find additional pieces of information that we have not included here. During your free case review, we want you to share details about your situation so that we can determine how to help. To get started, call Laborde Earles Injury Lawyers today at (337) 777-7777.
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Building Your Wrongful Death Case
The crux of your case will rest on your Eunice wrongful death lawyer’s ability to show that your loved one was ultimately killed by negligence. This involves demonstrating the presence of four factors in your case.
These elements include:
Duty of Care
Demonstrating duty of care in your case will rest on how your loved one passed away. Let’s say that you lost a loved one in a car accident. Every driver has a duty of care to act in a way that promotes the safety of others.
Breach of Duty of Care
Your lawyer will need to discover how the liable party breached their duty of care. For instance, if the other driver was texting at the time of the accident, this could constitute as violating their duty of care.
Causation
Your legal team must be able to connect your loved one’s passing to the liable party’s actions.
Damages
You must be able to show that you suffered both economic and noneconomic losses as a result of your loved one’s passing.
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Call Laborde Earles Injury Lawyers Today
We understand that right now, you have a lot on your mind. While recovering from the tragedy of losing a loved one, a Eunice wrongful death lawyer can promote your legal interests in a variety of ways.
They can:
- Collect evidence of negligence
- Handle communications with the involved party’s legal counsel and their insurer
- Update you on your case’s progression
- Estimate the cost of your damages
- Prepare your case for court, if necessary
We work on a contingency-fee basis, meaning that we do not get paid unless we are able to secure financial recovery on your behalf. We get paid out of the settlement that we get for you. Otherwise, you do not owe us our attorney’s fees. To get started, reach out to our team today at (337) 777-7777.
Get The HelpYou Need(337) 777-7777To Schedule a FREE CONSULTATION
24 hours a day • 7 days a week
