The negligence of another party already caused enough damage. You and your family should not have to suffer financial hardship on top of everything else. When you are ready to seek assistance from a Gretna fatal car accident lawyer, we are ready to help.
How Can a Car Accident Lawyer Assist?
After the death of a loved one, you may be wondering how you are going to recover not just emotionally but also financially. As expenses pile up and your loved one’s paycheck ceases to come in, you may feel hopeless. However, you have means for recovering all damages both economic and non-economic. The first step to doing so can be by hiring a lawyer. Once you do that, they will:
Determine Compensation
When you recover damages, you ensure that all bills, hardships, and expenses are accounted for. This will help your family’s financial situation, and in some cases, it could lead to compensation for future losses. Damages you are entitled to recover include:
- Medical expenses
- Burial and funeral expenses
- Lost future wages and benefits
- Pain and suffering
- Loss of companionship
These are just a few of the damages that you are entitled to recover as a surviving member of the deceased’s family. If you are unsure if something is recoverable, mention it to your lawyer. They will be able to guide you through what damages you can recover as well as how much they are worth.
Some damages will have an obvious monetary value associated with them. Medical expenses will come with bills and receipts, while lost wages and benefits will come with pay stubs from previous paychecks.
However, other damages, such as pain and suffering, are harder to determine the value for. Your lawyer will review previous lawsuits, the specific nature of your situation, and similar cases to determine how much your case is worth in total.
Determine Liability
To file a lawsuit against someone, you must first prove that they were responsible for the accident and subsequent damages that took place. If your loved one was killed in a car accident, you may think it is obvious that the other driver was responsible for the accident. However, other parties can be responsible.
Parties that could be held accountable instead of, or in addition to, the other driver include the vehicle’s manufacturer or anyone who worked on the vehicle.
To determine liability, your attorney will:
- Review traffic camera footage
- Review the police report
- Review eyewitness testimony
- Review receipts of maintenance to the other vehicle
- Review any possible manufacturing recalls for the other vehicle
Additionally, to prove that your loved one’s injuries and death were the results of the accident, your attorney can speak with medical professionals. The statements from these professionals can be used to help you acquire compensation for economic and non-economic damages.
Adhere to the Statute of Limitations
Under Louisiana law, you only have one year from the death of your loved one to file a lawsuit against the negligent party. Therefore, the sooner that you seek the assistance of a legal professional, the better.
As soon as you do elect a law firm to represent you, they will get to work on ensuring that everything is in order for you to file your lawsuit before the statute of limitations runs out.
Do not wait to seek legal assistance. If you do not file your lawsuit within the statute of limitations, you may not be able to recover compensation.
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.
ClientWho Can File a Wrongful Death Lawsuit?
In Louisiana, it is clearly spelled out in the wrongful death statute who can file a wrongful death lawsuit. Generally, if you are more closely related to the deceased, then you will have first priority for filing a lawsuit. Those who can file are:
- Spouse and children
- Parents
- Siblings
- Grandparents
The spouse and children of the deceased will have the first opportunity to file a lawsuit. If the deceased did not have a spouse or children, then their parents would be able to file a lawsuit, and so on.
If a child was adopted, or if the deceased was adopted, then their children or their parents would be treated as if they were blood relatives. If a parent abandoned the deceased when they were a minority, then they would not be able to file a lawsuit.
If you have questions about who from your loved one’s surviving family should file a lawsuit, speak with your attorney about the options available.
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 | ClientContact Laborde Earles Injury Lawyers Today
Losing a loved one in an unexpected accident can lead to significant hardship for you and other surviving family members. As you each learn to adjust to life without your loved one, you will be faced with funeral expenses, medical bills, and a concern about what the future holds. If your loved one was the main provider for the family, you could be left wondering how you will move on financially.
At Laborde Earles Injury Lawyers, we work on behalf of our clients so that they can put their minds at ease and focus on what is important. While you and your family work to adhere to your loved one’s last wishes, we will work with insurance companies and professionals to ensure that you receive the compensation that you are entitled to. When you are ready to speak with a fatal car accident attorney in Gretna, Louisiana, call us for a free consultation.
