Fatal car accidents, sadly, happen often and leave family members and other loved ones devastated. Overall, fatal car accident numbers decreased in 2018. However, certain types of fatal accidents increased, including those involving pedestrians, bicycles, and large trucks, according to the National Highway Traffic Safety Administration (NHTSA).
While there is no recourse for those lost to fatal accidents, family members may have the option to pursue an insurance claim or lawsuit to compensate them for the loss of their loved one. These legal actions pay close family members damages for the pain and suffering, emotional anguish, loss of income, or other losses they may experience due to losing their loved one.
If you have lost a loved one in an accident, a Lake Charles fatal accident lawyer may be able to help by fighting for compensation on your behalf. Learn more during a free consultation to discuss your options. Contact Laborde Earles Injury Lawyers today at (337) 777-7777 to get started.
Legal Options After Fatal Accidents
You may be able to seek compensation for the loss of a close family member by filing a wrongful death lawsuit. Wrongful death lawsuits exist to let people close to the deceased seek compensation from the liable party.
These lawsuits are regulated by specific state laws. In Louisiana, for example, a wrongful death lawsuit may be filed when a person dies due to someone else’s fault, according to Louisiana Civil Code (CC) §2315.2.
People Who Qualify to File a Wrongful Death Lawsuit
Only certain, closely related family members may file a wrongful death lawsuit after a fatal accident in Louisiana. Who is eligible to file depends on the remaining family members of the deceased.
For example, a spouse or children of the accident victim may file the lawsuit if any remain after the person dies. If the deceased had no spouse or children at the time of their death, their parents may file. If no parents survive the deceased, their siblings may file, and if no siblings, the grandparents may file the wrongful death lawsuit.
People Who Do Not Qualify to File
Extended family members will not qualify to file wrongful death lawsuits in Louisiana. However, if the deceased person had surviving family members who were related through adoption, these family members may be eligible to file a lawsuit.
Parents who left a child’s life (known as child abandonment) during the deceased person’s life will not be able to file a wrongful death lawsuit.
A Lake Charles fatal accident lawyer can explain whether you are in a position to file a lawsuit for compensation after losing your loved one. Call Laborde Earles Injury Lawyers at (337) 777-7777 now for more information and a free case review with a member of our team.
For a free legal consultation with a fatal accident lawyer serving Lake Charles, call (337) 777-7777
Filing a Wrongful Death Lawsuit
Wrongful death lawsuits fall under personal injury lawsuits. Essentially, wrongful death lawsuits allow claimants to seek compensation for damages caused by the accident on behalf of their deceased loved one. To receive compensation, your claim must be able to show that whoever caused the accident caused it due to their negligence, which in turn may make them liable for damages caused by the accident.
Negligence can be complex and is defined differently in every state. In general, negligence considers whether the at-fault party acted in a way that failed to show proper care toward others.
In the case of fatal car accidents, the at-fault driver may have done something that put your loved one in danger, such as speeding, swerving, swift lane changes, passing in unsafe zones, and other actions.
All drivers are expected to drive with care, taking into account their own safety, as well as that of others. When they fail to do so, they may have acted with negligence. Showing negligence is one of the most important aspects of a wrongful death case, as it demonstrates to the court why the at-fault party should be held liable for your loved one’s death.
If the person who caused the fatal accident is found to have been negligent, you may be able to bring a claim against them or their insurance company. All drivers in Louisiana are expected to carry liability coverage for accidents they cause.
If costs from the accident exceed the amount of insurance coverage the responsible party carries, they may be personally responsible for paying you the difference. The costs you incur from a car accident can depend on how the accident affected your life. A fatal accident lawyer will evaluate the details of your case and talk with you at length to determine all the ways in which the accident has cost you.
Lake Charles Fatal Accident Lawyer Near Me (337) 777-7777
Types of Damages in a Fatal Accident Case
Some types of potentially recoverable damages in wrongful death case include:
- Payments for medical costs, such as emergency room care, surgeries, and other treatments
- Compensation to account for the loss of income or benefits your loved one was making/would have made
- Emotional anguish you have suffered at the loss of companionship from your loved one
- Funeral or burial cost compensation
A Lake Charles Fatal Accident Lawyer Can Help
You likely have a lot of questions during this devastating time in your life, and a fatal accident lawyer can answer these questions to ease your concerns.
They can handle all aspects of your wrongful death case—from filing the insurance claim or lawsuit to acting as your legal guide —and will work to fight for compensation on behalf of you and your deceased loved one.
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Reach Out to Laborde Earles Injury Lawyers Today
If you are looking for help with a fatal accident case, you are already experiencing one of the most trying experiences of your life. Let a Lake Charles fatal accident lawyer help with your wrongful death case as you focus on giving space to your grief during this difficult time. Call Laborde Earles Injury Lawyers now at (337) 777-7777 to find out how we can help.