After losing your loved one, grieving can be one of the most trying times for you and your family. Your grief intensifies when the loss of life of your loved one is by another person’s intentional or unintentional wrongdoing.
In such a situation, you can file a wrongful death claim or lawsuit so that you and your family receive financial compensation and closure. A Fort Polk wrongful death lawyer from Laborde Earles Injury Lawyers can take on your case and tirelessly fight for the outcome you deserve.
Causes of Wrongful Death
Wrongful death can occur from many different events. In wrongful death cases, there may be intent or no intent to cause harm. The death occurred because of another person’s intentional or unintentional negligent behavior.
For example, if a motor vehicle owner is aware that their car needs attention, such as brakes that need fixing, they need to act on it. If they neglect to take the car to the mechanics to get it fixed, resulting in an accident, they can be legally liable for the accident. Their negligence in taking the car for fixing prevented them from stopping in time to prevent an accident from occurring.
Wrongful death covers a wide range of personal injuries. Filing for wrongful death will not result in conviction or prison time for the accused as it is not a criminal case. Instead, wrongful death is a civil lawsuit. If the claim is successful, there will be financial compensation from the party accused. Some examples of wrongful death cases include:
- Medical negligence
- Motor vehicle accidents
- Premises liability accidents
- Sporting accidents
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Proving Liability in a Wrongful Death Case
A successful wrongful death claim requires proof that another party is responsible for the decedent’s death. You will need evidence to back up the claim and proof that the death was not an accident. Establishing the four elements of negligence will help you prove liability:
- Duty of Care: The negligent party owed your loved one a duty of care.
- Breach of Duty of Care: The negligent party breached their duty of care.
- Causation: The negligent party’s breach of duty of care caused your loved one’s accident.
- Damages: Your family has damages because of your loved one’s death.
- Your Fort Polk wrongful death lawyer will help you prove these tenets in your case and hold the responsible party accountable for their actions or inaction.
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What to Do After a Wrongful Death
You might be shocked after receiving news about your loved one’s untimely passing. This can put you in a spin, and you might be confused about your next course of action.
These steps can help ensure you do the right thing to get justice for your loved one:
Contact the Authorities
If the death occurred, for example, from a motor vehicle accident or another kind of traffic accident, it is important to reach out to the police. They can go to the scene of the crime to record everything that happened and details at the scene of the accident. Reporting the accident to the police also provides legal proof of the accident.
Gather Evidence
Talk to all available witnesses and record their statements. If there were police involved, they might take down the statements. Your wrongful death lawyer can secure the police report and use it as evidence when presenting your case.
If the police were not at the scene, you could take down the eyewitnesses’ information. Write down their names, phone numbers, and addresses. This makes it easier for you and your lawyer to contact them if you need their testimonies.
You can also take pictures and videos of their statements. Take footage of the accident scene, too. This can all act as evidence when asking for compensation.
Get a Medical Report
No matter the cause of death, ensure you get a medical report from a health professional. This offers irrefutable proof that the accident occurred. It can also help boost your case by showing what led to your loved one’s wrongful death.
The doctor and other medical professionals can also act as expert witnesses. They can give further information regarding the cause of death. They can also help reconstruct the cause of death to show how it might have occurred.
Consult With a Legal Professional
Talk to our firm for help filing a wrongful death case. We will guide you through each step of the legal process. Your attorney makes sure they file a timely lawsuit to the court and assess the proper damages. Anyone who can prove that they are the deceased’s dependent can file a lawsuit.
Your lawyer can identify the liable party, handle paperwork, interview witnesses, collect evidence, and more. You and your family deserve to mourn your loss properly.
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Recoverable Damages in Your Fort Polk Case
You can choose to use multiple damages against a defendant in a wrongful death lawsuit. Damages you can seek compensation for can either be economic or non-economic. Some of the damages include:
- Funeral expenses
- The deceased’s pain and suffering before they passed
- Loss of companionship
- Medical bills of the deceased
- Loss of income
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Statute of Limitations for Filing a Wrongful Death Case in Louisiana
Every state has deadlines for filing lawsuits. The law dictates how long a person can take before filing a case. Louisiana’s statute of limitations for wrongful death is one year from the date of the death (CC Art. 2315.2). If a case is not filed within the period, the family will likely lose the case.
Consult With Our Lawyers About Your Wrongful Death Case in Vernon Parish
While nothing can replace your loved one, filing a wrongful death lawsuit holds negligent parties accountable and gets you compensation to ease financial burdens. Our wrongful death lawyer will answer your questions while taking you through the legal process. Contact Laborde Earles Injury Lawyers for a free case review.
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