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Lafayette Filing a Claim Lawyer

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  1. Home
  2. Lafayette Personal Injury Lawyer
  3. Lafayette Wrongful Death Lawyer
  4. Filing a Wrongful Death Claims
On This Page
  1. Unique Aspects of Wrongful Death Claims
  2. Statute of Limitations in Lafayette
  3. Investigating a Wrongful Death
  4. How Long Does Filing a Wrongful Death Claim Take?
  5. Call a Lafayette Attorney for Help Filing a Wrongful Death Claim
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Your personal injury lawyer can help you calculate your recoverable damages, which may include:

  • Medical Bills
  • Income Loss
  • Property Damage
  • Pain & Suffering
  • Emotional Distress
  • Lasting Disfigurement
Lafayette Filing a Claim Lawyer

Following the unexpected and untimely passing of a loved one due to another’s negligence, a beneficiary of the deceased has the legal right to seek compensation from the liable party. If you are filing a Lafayette wrongful death claim, it is important to seek an injury attorney as soon as possible.  A seasoned lawyer could guide you through the process of filing a claim.

Unique Aspects of Wrongful Death Claims

For wrongful death cases, only a beneficiary can file a claim. The beneficiary typically is any surviving spouse or children of the deceased. If no such relatives exist, then the claim would fall to the surviving parents of the deceased. If there are no surviving parents exists, then the claim would fall to the surviving siblings of the deceased and would continue down to the surviving grandparents.

The other thing that distinguishes wrongful death from other personal injury claims is a wrongful death action is designed to compensate the surviving relatives for their losses, not the losses of the deceased.

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Statute of Limitations in Lafayette

The statute of limitations for a wrongful death action in Lafayette is one year from the date of death. However, there are exceptions to this rule for individuals with disabilities or children. If a beneficiary was a minor at the time of the incident, they have until one year from the date of their 18th birthday to file a claim. You can speak with a Lafayette personal injury lawyer to help you pursue compensation.

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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 | Client
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Investigating a Wrongful Death

A lawyer investigating a wrongful death case in Lafayette needs first to figure out how the accident occurred and establish that the deceased was killed by or through the negligence of another. They also need to investigate what insurance coverage is available to compensate the surviving relatives for their loss. The state minimum insurance for an auto claim, for example, is $15,000 per person and $30,000 max per accident. If someone is killed in an auto accident through the fault of someone who has a minimum limit insurance policy, that is not nearly enough to cover their lawsuit. In these cases, a lawyer investigates the amount of available insurance early on in the process to ensure the surviving family members are adequately compensated.

Gathering Evidence

The evidence that is gathered in a wrongful death case is different from the evidence that is normally collected in personal injury cases. Because the injured party is deceased, they are not a source of evidence in terms of explaining how the accident occurred. A lawyer must rely on eyewitness accounts and other information to establish negligence on the part of the defendant.

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The reassurance from Digger and his staff gave me that renewed hope that it’s going to be okay down the road.

Client
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How Long Does Filing a Wrongful Death Claim Take?

From beginning to end, a wrongful death case can take anywhere from a few months to a few years. It depends on the complexity of the accident, the amount of insurance available, and the number of parties involved. A case with ample insurance that is of average complexity could last at least a year or two.

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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.

Client
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Call a Lafayette Attorney for Help Filing a Wrongful Death Claim

Filing a Lafayette wrongful death claim can be a time-consuming process, so it is best to get a head start on it. An experienced injury attorney could help you gather the required evidence to prove a defendant’s negligence. A lawyer could also help you recover the necessary damages. Call today to begin the process.

Lafayette Wrongful Death Blog Posts:
The National Trial Lawyers Announces Digger Earles as One of Its Top 10  Trucking Trial Lawyers in Louisiana

The National Trial Lawyers Announces Digger Earles as One of Its Top 10 Trucking Trial Lawyers in Louisiana

For Immediate Release The National Trial Lawyers: Top 10 Trucking Trial Lawyers Association is pleased to announce that Derrick "Digger" Earles, of Laborde Earles Injury Lawyers, in Lafayette has...

Gas Well Explosion in St. Mary Parish Injures 8

Gas Well Explosion in St. Mary Parish Injures 8

Eight workers suffered burn injuries while plugging a natural gas well near the Louisiana coast on May 25, 2021. The well exploded around 3 p.m. on Tuesday, according to WBRZ 2. Their employer,...

Louisiana Sets New Two-Year Statute of Limitations for Tort Claims

Louisiana Sets New Two-Year Statute of Limitations for Tort Claims

Now that Louisiana has set a new two-year statute of limitations on tort claims, injury victims will have more time to take legal action for their suffering and financial losses. If you've been hurt...

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Lafayette Wrongful Death FAQ:
Does Premises Liability Cover Wrongful Death? Does Premises Liability Cover Wrongful Death?

Premises liability can cover a person’s death if there is evidence to show that the property owner’s negligence caused it. A wrongful death occurs when someone loses their life due to

What Is the Average Wrongful Death Settlement? What Is the Average Wrongful Death Settlement?

The average wrongful death settlement depends on a wide array of factors, including case specifics, incurred expenses, and intangible losses. As a result, it is difficult to establish an average

What Constitutes a Wrongful Death? What Constitutes a Wrongful Death?

A death might be considered wrongful under the law if it was caused by the fault or negligence of another person or entity. If your family member lost their life as the result of a car accident,

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