Losing a loved one is a devastating situation for anyone to go through. It can bring emotional pain and financial loss, especially if the lost person is the breadwinner in the family. If this happened to you, you may feel lost and unsure about what to do or how to move forward. During such a difficult situation, you may be more distressed if the death was due to someone else’s careless behavior or negligent actions.
Carrying the weight of that can be compounded by the stack of bills you may have accumulating. Fortunately, you do have legal options to recover the financial loss and compensation for emotional grief if someone else was at fault. A Jefferson Island wrongful death lawyer from Laborde Earles Injury Lawyers can guide you through the legal process. You may be able to receive compensation for your damages.
Filing a Wrongful Death Lawsuit in Jefferson Island
When filing a wrongful death suit in Jefferson Island, you might be wondering if you are allowed to do so in your name or if you need someone else to do it. Some states do require a representative of the estate to file a wrongful death lawsuit, but Louisiana operates by a different law.
According to Louisiana’s law, Article 2315.2, “If a person dies due to the fault of another, suit may be brought by the following persons to recover damages which they sustained as a result of the death:
(1) The surviving spouse and child or children of the deceased, or either the spouse or the child or children.
(2) The surviving father and mother of the deceased, or either of them if he left no spouse or child surviving.
(3) The surviving brothers and sisters of the deceased, or any of them, if he left no spouse, child, or parent surviving.
(4) The surviving grandfathers and grandmothers of the deceased, or any of them, if he left no spouse, child, parent, or sibling surviving.”
A Jefferson Island wrongful death lawyer from our firm can aid you in filing such a lawsuit if you are in any of the relationship categories listed above.
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.
ClientWhat Is the Statute of Limitations in Louisiana?
When filing your lawsuit, you must keep some important information in mind. First, there is a statute of limitations. Louisiana’s statute of limitations allows family members up to one year to file a wrongful death lawsuit.
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 | ClientDamages in a Wrongful Death Suit
The damages you can get in a wrongful death suit fall into three main categories. These are economic, non-economic, and punitive:
Economic Damages
These damages include monetary compensation that resulted from the wrongful death. These costs include:
- Funeral costs
- Burial expenses
- Medical costs the person had after the accident and before passing
- Loss of income the family would receive if the person lived
- Loss of workplace benefits due to the person’s death
Non-Economic Damages
The pain and suffering that family members experience due to the loss of a loved one has value, too. Non-economic damages include:
- Grief and suffering of the survivors
- Loss of the individual’s companionship
- Loss of consortium
Punitive Damages
Punitive damages are awarded to serve as punishment when a person causes someone’s death due to behavior or actions that were highly negligent or malicious.
The reassurance from Digger and his staff gave me that renewed hope that it’s going to be okay down the road.
ClientOur Role in an Iberia Parish Wrongful Death Case
Our wrongful death lawyer is a vital part of the process when filing a lawsuit. To seek compensation for a wrongful death, we must show negligence on the part of the defendant. Your lawyer will have a task before them in proving the case in a court of law. As a part of proving negligence, the lawyer must show the following:
The defendant had a duty of care, which means they owed the other party their responsibility and care for their well-being. The defendant breached the of duty of care by acting negligently. This could include a doctor not providing proper care, a motorist driving impaired, and so on.
Then, we must show there is a direct cause and effect link that led to the person’s death. Lastly, we show that you and your family have damages because of your loved one’s death. As part of the process of showing negligence on the defendant’s part, your lawyer may need to do the following:
- Look at the hospital records for the cause of death
- Review the death certificate
- Interview any relevant eyewitnesses, if necessary
- Gather any police reports (in the case of a vehicle accident)
- Negotiate a settlement
- Represent you at trial
They treated us like no other people would. Whenever we needed something they were there for us. I put my trust in them and I don’t regret it.
ClientDifferent Types of Wrongful Deaths
People may pass away for a variety of reasons, and not all of these are due to someone being at fault. A wrongful death case must stem from someone’s negligence or reckless behavior. There are plenty of types of accidents that can lead to a wrongful death, such as:
- Car accidents
- Product malfunction
- Dog attack
- Medical malpractice
- Drowning
- Workplace accidents
Connect With Our Lawyers Today
Talk to a team member for more information about filing a case. You can get a free case evaluation now. Someone will assess your case and let you know what to expect moving forward. Your wrongful death lawyer will negotiate with the other party, working on a fair settlement.
If a settlement isn’t achievable, we will take your case to court and fight for you there. Our attorneys work tirelessly for the justice and compensation families deserve in wrongful death cases. Call Laborde Earles Injury Lawyers today.
