Losing a loved one is always an intensely painful experience. The pain of that loss is magnified when you discover your loved one died unnecessarily or because of someone else’s negligence. There is nothing that can replace the loss of your loved one, but you can hold the negligent party accountable.
The wrongful or unnecessary death of a loved one usually leaves more than just an emotional void. Your loved one could have been the breadwinner for your family, or they may have been hospitalized for a lengthy period before they passed away.
The Lafayette personal injury lawyers at Laborde Earles can fight for your right to recover these financial losses. Put our 350 years of combined legal experience to work for you with an initial consultation. We’ll help you sue the liable parties and help you get closure and compensation.
What Are Some Common Causes Of Wrongful Death Cases?
Wrongful death is caused by another party’s negligence. That’s where the term “wrongful death” comes from. The deceased is dead and would still be alive if not for the negligence or recklessness of another party.
Some common examples of the kinds of negligence that can lead to wrongful death include, but are not limited to, the following:
- Driving under the influence of alcohol or drugs
- Improper or irresponsible use of firearms
- Workplace accidents born out of improper or inadequate safety procedures
- Reckless driving
- Defective products
Bear in mind that this is just a partial list of reckless or negligent behavior that can lead to the wrongful death of a loved one. Regardless of the cause, a wrongful death attorney from our law firm will pursue the negligent party and mount a determined effort to recover damages on your behalf.
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.
ClientOur Wrongful Death Lawyers Have Won Millions for Clients
We know that it’s a big step to trust any lawyer with a wrongful death case. You won’t get a do-over, and your financial future (as well as that of your family) will be riding on the case. So, when you hire a wrongful death attorney, it’s important to choose one who has proven they can fight and win these types of cases.
Laborde Earles Injury Lawyers has won millions of dollars in judgments and settlements for our clients. That includes a $23,000,000 wrongful death judgment. We can’t promise you an eight-figure damage award in your case, but we can promise you our wrongful death attorneys will fight for the compensation you deserve.
Above all, we’re committed to your well-being and putting you in a forward position to move on with your life after tragedy. Put our knowledge of wrongful death laws to work for you with a free consultation.
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 | ClientOnly Certain People Can File Wrongful Death Claims
A wrongful death claim is like a personal injury claim, with the key difference being that the injured individual is no longer alive to fight their case in court. Instead, the victim’s family members must file the claim to seek damages.
Under Louisiana law, there are specific categories of people who can file a wrongful death claim in court in the event of a fatal injury. They include the decedent’s:
- Spouse or children
- Parent or parents in the absence of surviving spouse or children
- Siblings in the absence of surviving parents, spouse, or children
- Grandparents if there are no surviving siblings, parents, spouse, or children
For each category, the deceased’s family members related by adoption can also file a wrongful death claim, just as family members related by marriage or blood may.
In the absence of any surviving family members who can pursue this claim in court, the executor or personal representative of the deceased individual’s estate can bring a claim to seek damages for losses incurred by the estate.
What Are Executors and Personal Representatives?
When someone dies, their property goes through a process called probate. The remaining property is called the estate of the deceased. An executor or a personal representative is the legal representative of the deceased for probate purposes.
An executor is a named person in a will that the deceased named to handle their affairs before they died. A personal representative is a person appointed by a court to handle the same tasks as an executor if there wasn’t a will or an executor was not named.
For wrongful death claims, family members have a higher level of standing for starting a wrongful death claim than executors and personal representatives.
The reassurance from Digger and his staff gave me that renewed hope that it’s going to be okay down the road.
ClientHow Much Is an Average Wrongful Death Settlement?
The amount of compensation recovered during a wrongful death case varies. No two cases are the same, so there is no way to compare your case to another or determine an “average” settlement. The amount of compensation you could receive depends on factors such as:
- Damages incurred
- If the case is settled or goes to trial
- The decedent’s age and future earning potential
- The percentage of financial support the family relied on the victim for
- Circumstances surrounding the accident
- The number of dependents the decedent had
A lawyer from our firm can help investigate the details of the incident that led to your loved one’s death. We will evaluate the circumstances to help you go after a fair settlement for your loss.
Damages that a Loved One’s Estate Can Collect in a Wrongful Death Case
Wrongful death damages can cover both economic and non-economic losses. Specific, measurable losses with a fixed dollar amount are economic losses. These can include:
- Burial expenses and funeral costs
- Medical expenses, including costs of emergency care associated with the deceased individual’s final injury or illness
- Loss of benefits and income
- The value of lost household services
- Pain and suffering your loved one experienced before their death
- Property damage
Losses resulting from a wrongful death that cannot be supported with proof, such as a receipt or bill, are non-economic. These damages may include:
- Pain and suffering endured by the deceased individual in their final moments
- Loss of companionship
- Loss of guidance
- Loss of care
- Loss of emotional support
- Loss of consortium
These damages can be challenging to prove because they have no clear dollar amount. However, our wrongful death lawyer serving Lafayette can calculate them accurately for your case.
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.
ClientHow Can I Prove Wrongful Death?
It can be challenging to prove a wrongful death occurred. A wrongful death claim implies the decedent passed away due to someone else’s negligence or recklessness. To prove wrongful death, one must show that:
- The defendant owed a duty of care to the decedent.
- The defendant breached the duty of care by being negligent.
- The defendant’s negligent actions contributed to the decedent’s untimely death.
- The decedent’s death led to economic and/or non-economic losses.
Because a wrongful death lawsuit is filed in civil court, the burden of proof is lower than in a criminal case. The plaintiff must provide clear and convincing evidence that the defendant is more likely than not to be the cause of the victim’s death.
Evidence in a wrongful death case can include:
- Photos of the accident scene
- Surveillance video footage
- Any bills or receipts relating to the accident
- Police report
- Medical records
- Witness testimony
Our Lafayette wrongful death lawyers can help you gather evidence for your case, discover the responsible party, and demand compensation from them.
How a Wrongful Death Lawyer Can Help You Build a Strong Case
We can do several things to help you pursue your wrongful death action. We can review your evidence and investigate the circumstances in your wrongful death case to determine who acted negligently and is, therefore, liable for your loved one’s death.
In addition to establishing negligence and calculating your damages, we will:
- Handle all documents and relevant paperwork in your case
- Explain your rights and keep you up to date on all case developments
- Meet all deadlines, including Louisiana’s statute of limitations
- Communicate and negotiate with insurance companies, legal representatives, and others in your case
- Seek a settlement or verdict award
Laborde Earles Injury Lawyers Will Advocate for You
At our firm, we understand how difficult it can be to lose a loved one. We will address the emotional and financial toll a tragic loss can have on your family and be compassionate throughout the case.
At Laborde Earles Injury Lawyers, we take extra steps to make sure our clients’ cases receive proper care by:
- Being available for our clients at all times
- Having more than 350 years of combined experience with personal injury and wrongful death cases
- Offering free consultations
- Focusing on helping you seek fair compensation
Under What Circumstances Can You File a Wrongful Death Lawsuit?
CC §2512.2 states that a wrongful death lawsuit may be filed when a person passes away due to the fault of another. Such a lawsuit may be considered valid when negligence or recklessness by another responsible party is proven to be the direct cause of death.
Any accident that could have served as grounds for a personal injury suit had the deceased individual survived may serve as grounds for a wrongful death suit if the consequences of that accident were fatal. A wrongful death case can come from any fatal personal injury accident. Our team in Lafayette includes:
- Car accident lawyers
- Pedestrian accident lawyers
- Fatal dog bite lawyers
- Nursing home abuse lawyers
- Truck accident lawyers
- Motorcycle accident lawyers
- Workplace injury lawyers
- Bicycle accident lawyers
There are still several key differences between different forms of wrongful death cases. For example, a case involving a car crash and one centering on premises liability may play out very differently. Help from a wrongful death attorney from Lafayette Parish is essential for success.
You Have a Limited Amount of Time to File, so Don’t Delay
Louisiana grants a short statute of limitations to file wrongful death lawsuits. According to Louisiana state law, the estate of the deceased loved one has only a one-year prescriptive period in which to file wrongful death lawsuits.
It is essential to take legal action promptly. If you miss this deadline, you risk losing your opportunity to seek financial compensation for your loved one’s death.
Whenever a loved one passes, there may be an untold amount of financial hardship in the form of lingering medical bills, funeral expenses, and wage loss. A Lafayette wrongful death lawyer from our firm may be able to help recover these wrongful death damages for the estate and for the survivors.
Laborde Earles Injury Lawyers Will Fight for You on a Contingency Basis
The emotional and economic toll of losing a loved one is the worst kind of one-two punch. For surviving family members, the economic impact of medical bills and funeral expenses can keep them so worried about making ends meet that they don’t seek the legal representation they deserve. The last thing anyone in this tragic situation wants is a legal bill.
Our personal injury lawyers believe in helping people in times like this. That’s why our firm handles wrongful death cases on a contingency basis. That means we won’t charge you a fee for taking your case if we don’t win it.
So, now that you know there is no economic barrier to letting us take your case, we sincerely hope you’ll take the next step and call us to discuss your legal matters.
Get Help from a Lafayette Wrongful Death Attorney Today
When your family member dies in a fatal accident or fatal injury, it can lead to immense turmoil and pain, along with extensive financial and other losses. Money cannot compensate for the personal loss you’ve suffered, but it can help you cover the extensive financial losses. Let us help you through the legal process of this difficult time.
Call our team or contact us online for a complimentary consultation, during which we can help you determine the best course of action for you. We work on a contingency fee basis, so we do not charge for our services unless we win your case.
