When you lose a loved one due to negligence, you can recover compensation for various economic and non-economic damages through an insurance claim or lawsuit.
A Jeanerette wrongful death lawyer at Laborde Earles Injury Lawyers will gather evidence and develop a case while you mourn your loved one and spend time with your family. Read on for more details on wrongful death claims and the different ways a Jeanerette attorney at our firm may assist you.
Parties That Can File a Jeanerette Wrongful Death Claim
CC Art. 2315.2 only allows specific parties to present a wrongful death claim:
- The decedent’s spouse can claim reimbursement from the liable party.
- If the deceased did not have a spouse, their children may present the case.
- If they didn’t have children, their parents can bring the case.
- If they don’t have any surviving parents, their siblings can file.
- If they don’t have siblings, a grandparent may submit the case.
An estate executor may present a wrongful death case if the deceased’s relatives do not claim damages. They will then hand over the awarded compensation to the named next of kin.
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The Elements of a Jeanerette Wrongful Death Claim
Each wrongful death claim must have four elements to be valid. These are a duty of care towards the deceased, breach of the responsibility, causation, and damages.
A Jeanerette wrongful death lawyer at our firm will determine who was responsible for your loved one’s safety and gather evidence showing that this party did not exercise their duty of care.
In most cases, the aspects proved in this stage will depend on where and how the fatality occurred. For instance, if it resulted from a car crash, the lawyer can show that another motorist was speeding or driving when drunk. Other aspects that may constitute a breach of responsibility are:
- Failing to treat a patient
- Failure to maintain a defective machine or vehicle
- Selling defective equipment
- Failure to repair damaged premises
When your Jeanerette lawyer establishes a breach, they will connect the other party’s actions to a particular incident. For example, they may show how failure to maintain a building led to a slip and fall accident. The attorney can also gather evidence indicating health deterioration due to the lack of treatment. The last element your attorney will establish is damages and injuries.
Parties That May Be at Fault for Wrongful Death
The parties liable for wrongful death differ based on the cause of death. For example, if a fatality results from a road accident, a truck or car driver may be held accountable. You can also seek damages from the government if the accident involved their vehicle or resulted from poor road maintenance.
Other parties that may be liable for wrongful death in Jeanerette are:
- Nursing homes
- Healthcare providers
- Vehicle manufacturers
- Pharmaceutical companies
- School districts
The Evidence You Can Use in a Wrongful Death Claim
Your lawyer will present various items and documents to prove fault and sustained damages when filing a wrongful death claim. For example, they may use medical records, like an autopsy report, to show that your loved one’s fatality resulted from specific injuries or health conditions.
Another item your Jeanerette lawyer can use as evidence is a video. This footage may be from CCTV cameras near where the fatal injuries occurred. The lawyer could also obtain it from other parties that recorded interactions or actions leading to the death.
If other parties witnessed an incident that later led to a loved one’s death, your lawyer could obtain their statements. This information can back up your claim and help build a solid case. Other items your attorney may present as proof are:
- Images of injuries leading to death
- Photographs captured at the scene
- Reports by forensic experts
- Building maintenance records
- Hospital admission records
A statement by an accident reconstructionist can be vital proof in a Jeanerette wrongful death claim. Your lawyer will work with these professionals to analyze each incident leading to the fatality. They will then write a detailed report proving liability and the sustained damages.
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Damages Our Jeanerette Wrongful Death Lawyer Can Help You Recover
Our lawyer will identify all injuries and their severity when pursuing compensation. One item your wrongful death lawyer will claim from the liable party is medical costs. This damage will include all the expenses your loved one incurred treating the injuries that later caused their death. Some aspects your attorney may claim in this category are:
- Hospitalization
- Emergency medical care
- Medication
- Assistive medical devices
- Home nursing care
- Hospice care
If your late loved one was the primary provider, you could claim reimbursement for lost income and wages. We will determine the appropriate figure based on the amount generated before the fatality. Further, your attorney may consider the likelihood of an income increase after a promotion or a positive career outlook.
Losing a loved one may cause emotional pain, triggering mental health conditions. If you have depression, anxiety, or another health issue related to your loved one’s death, you could recover compensation from the at-fault party. Your Jeanerette lawyer will consult a psychiatrist to determine the severity and treatment cost. Other damages the attorney may claim for wrongful death are:
- Lost financial contribution
- Lost guidance and companionship
- Reduced quality of life
- Lost inheritance
- Burial and funeral costs
- Grief
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Hire a Jeanerette Wrongful Death Attorney at Laborde Earles Injury Lawyers
A Jeanerette wrongful death lawyer on our team will help determine the appropriate legal action based on how you lost a loved one, explain how the claim process works, and gather all the documents needed for the case.
Contact Laborde Earles Injury Lawyers for a free case review.
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