If your loved one passed away in a fatal car accident, you may be wondering how you can file a wrongful death lawsuit against the negligent party. As you handle everything that comes with the aftermath of an untimely death, the last thing you want to be worried about is proving negligence and filing a lawsuit. That is where a lawyer can help you.
At Laborde Earles Injury Lawyers, we have years of experience handling personal injury and wrongful death lawsuits. We can speak with you about your loved one’s accident, then work on behalf of you and your family to recover the compensation that you all deserve. When you need a Fort Polk fatal car accident lawyer, we are ready to assist.
Recovering Damages After a Fatal Car Accident in Louisiana
If your loved one passes away in a car accident, you could have legal rights. Eligible surviving family members can file a wrongful death lawsuit.
By filing a wrongful death lawsuit, you can seek the justice and financial stability your family deserves at this challenging time. Most of the recoverable damages are similar to those that would be recovered in any other motor vehicle accident. However, families can seek additional forms of compensation for the unique financial and non-financial challenges following their loss.
Economic Damages
Economic damages have a distinct monetary value associated with them. Because a wrongful death can cause many financial challenges, you can seek several forms of economic damages. These may include:
- Medical expenses
- Loss of income and benefits
- Burial and funeral costs
If you receive a settlement offer from the negligent party’s insurance company following your loved one’s death, you should still consider contacting an attorney. The offer you receive could be lower than you are entitled to because it may not include other, harder-to-define damages.
A fatal car accident attorney in Fort Polk, LA can review the offer presented to you and determine whether you should accept it or consider seeking further damages.
Non-Economic Damages
While economic damages may be the ones that are most apparent to you, you should also recover non-economic damages. These damages include:
- Pain and suffering
- Loss of companionship
- Loss of care
These damages do not have a bill associated with them, so your attorney will have to carefully review your case and determine your damages’ worth. If you are unsure of what constitutes non-economic damages, be sure to discuss it with your lawyer.
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Filing a Wrongful Death Lawsuit After a Car Accident
To file a wrongful death lawsuit, you will need to first prove that the other party involved in the accident caused the crash and the loss of your loved one. Then, only certain family members can file a suit. Our attorneys can handle this process for you and help you navigate every step.
Who Can Be Sued in a Wrongful Death Lawsuit?
To determine who your wrongful death lawsuit should be against, you must first prove that the death occurred because of another party’s negligence or recklessness. Often, it is the driver of the vehicle that caused the accident. When this is the case, you will file your lawsuit against them.
However, there are times when a manufacturing error or malfunctioning part could have caused an accident. Another party beyond the driver may bear responsibility.
For instance, if the driver of the other vehicle claims that their brakes were not working and that caused the accident, then your lawyer will work with experts and review similar cases to determine if a lawsuit should be brought against someone other than the driver.
Who Can File a Wrongful Death Lawsuit?
Under Louisiana law, there are specific relatives who can file a wrongful death lawsuit. These people include the deceased’s:
- Spouse or children
- Parents, if there is no surviving spouse or children
- Siblings, if there are no surviving parents, spouse, or children
- Grandparents, if there is no surviving spouse, children, parents, or siblings
As shown above, the immediate family of the deceased has first priority in filing a wrongful death lawsuit. This means that if the deceased leaves behind a surviving spouse or children, then they would get the opportunity to file a lawsuit before the parents of the deceased.
Our fatal car accident attorneys can ensure you understand your eligibility to file suit.
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Fatal Car Accident Statistics in Louisiana
Car accidents happen every day in Louisiana, and fatalities are still very common.
According to data from the Louisiana Department of Transportation and Development provided by the Center for Analytics & Research in Transportation Safety (CARTS), there was a total of 972 car accident fatalities in 2021. These numbers were the highest ever recorded by CARTS.
If you lost a loved one to a fatal crash, you are not alone. You deserve to seek justice against the negligent driver or another party, and our fatal car accident lawyers are ready to help with every step in the process.
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Call Laborde Earles Injury Lawyers Today
If a fatal car accident has taken the life of one of your loved ones, you have options for recovering damages on their behalf. In the state of Louisiana, family members can file a wrongful death lawsuit up to one year after their loved one’s death to obtain the compensation they are entitled to.
At Laborde Earles Injury Lawyers, our clients are our top priority. We will fight on your behalf to ensure that you seek proper compensation and that your loved one’s memory is properly honored. While we work on your case, you can spend time focusing on what matters most for your family. When you need a fatal car accident lawyer in Fort Polk, LA, call us for a free consultation.
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