How Does Louisiana Law Define Wrongful Death?

In Louisiana, a wrongful death is defined as a death that occurs due to the wrongful act, negligence, fault, breach of contract, or warranty of any person or entity. This includes instances where the act, negligence, or fault would have entitled the party injured to sue for damages had they not died.

This legal provision allows the decedent’s surviving family members or beneficiaries to file a lawsuit for financial relief against those responsible for their relative’s wrongful passing. 

Who Can File a Wrongful Death Lawsuit in Lake Charles?

Louisiana’s wrongful death laws authorize legal action when a party’s negligence directly results in another person’s wrongful passing. Under this statute, individuals have a right to bring a suit for a death caused by negligence based on their relationship to the person who died.

A Lake Charles wrongful death attorney can help the following eligible parties’ lawsuit:

  • Surviving spouse or child
  • Surviving parent if there is no surviving spouse or child
  • Surviving sibling if there is no surviving spouse, child, or parent
  • Surviving grandparent, if there is no surviving spouse, child, parent, or sibling

Our experienced lawyers handling wrongful death cases in Lake Charles can provide more information about taking legal action under a plaintiff’s unique circumstances.

Justifications for Wrongful Death Compensation

A wrongful death lawsuit may arise from various circumstances and situations. For instance, a driver’s negligence could lead to a lawsuit when an ensuing car crash results in a person’s passing.

Medical providers’ mistakes, such as prescription drug errors or procedural errors, may likewise form the basis of a wrongful death lawsuit for medical malpractice.

Our experienced attorneys in Lake Charles, LA, will sue for damages on your behalf in cases involving various motor vehicle accidents, fatal workplace accidents, product liability accidents, and physical assaults or attacks. We also offer legal professionals to handle nearly any kind of case involving fatalities caused by negligence in Lake Charles, including:

Our Lake Charles premises liability lawyers can even hold landowners accountable if their failure to maintain their property causes your family member to suffer injuries in a fatal accident. Essentially, any situation that could have given rise to a personal injury lawsuit had the victim survived could, accordingly, become a wrongful death action.

Recoverable Damages in a Lake Charles Wrongful Death Lawsuit

Family members who pursue a wrongful death claim can recover various economic and non-economic damages. Our law office will review all your damages and seek the maximum monetary compensation for you.

Common wrongful death damages in these cases include:

  • Medical bills, including your loved one’s hospital bills and future medical expenses
  • Rehabilitative therapy expenses
  • Funeral expenses, burial expenses
  • Loss of future income and benefits for financial contributions your loved one would have made
  • Pain and suffering or mental anguish
  • Loss of care, loss of companionship, loss of consortium
  • Loss of enjoyment of life

If your case is eligible for punitive damages, we can advise you of that during your free consultation. Call us today to get started – we’re standing by to help you navigate your economic loss.

We Will Prove Losses for Your Loved One’s Catastrophic Injuries

The financial damages your family suffered can be challenging to prove. Our personal injury attorneys can conduct a detailed analysis of damages to a particular wrongful death claim. They can use billing statements, invoices, receipts, and other documents to prove your monetary losses.

Medical bills are typically among the largest expenses in these cases, especially if accident victims suffered severe catastrophic injuries like the following in preventable accidents:

  • Traumatic brain injuries (TBIs)
  • Burn injuries
  • Neck injuries
  • Soft tissue injuries
  • Spinal cord injuries (SCIs)
  • Other catastrophic injuries

When you hire legal representation, you protect your interests and ensure you seek the maximum compensation from negligent parties that caused your loved one’s fatal injuries in a catastrophic accident.

Laborde Earles has decades of extensive experience to get you the financial recovery you deserve for your loved one’s unjust demise. Contact our Lake Charles wrongful death lawyers now.

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The Prescriptive Period in Wrongful Death Cases

According to Louisiana’s statute of limitation law, family members of a deceased person can file a wrongful death lawsuit in Lake Charles within one year from their loved one’s death date.

If it is not filed within that time, the family may not be able to recover compensation. Among various other services, our Lake Charles wrongful death injury case attorneys can help family members comply with the deadline and determine who has a right to bring a claim against the responsible parties and when it should be filed.

Getting support from our legal team can relieve your family of the burden of meeting the time limit. While you make your loved one’s final arrangements, our lawyers will protect your rights and address any legal issues that could stand in the way of you getting your deserved financial compensation.

The Prescriptive Period in Wrongful Death Cases

According to Louisiana’s statute of limitation law, family members of a deceased person can file a wrongful death lawsuit in Lake Charles within one year from their loved one’s death date.

If it is not filed within that time, the family may not be able to recover compensation. Among various other services, our Lake Charles wrongful death injury case attorneys can help family members comply with the deadline and determine who has a right to bring a claim against the responsible parties and when it should be filed.

Getting support from our legal team can relieve your family of the burden of meeting the time limit. While you make your loved one’s final arrangements, our lawyers will protect your rights and address any legal issues that could stand in the way of you getting your deserved financial compensation.

How Our Lake Charles Wrongful Death Injury Lawyer Can Lead Your Case

The stress of an insurance claim or lawsuit is the last thing you and your family need to deal with. Our lawyer can handle your case’s details for you and:

  • Investigate the cause of your loved one’s death.
  • Collect case-supporting evidence (e.g., the police report, medical records, video footage).
  • Identify the negligent party or parties.
  • Prepare and submit your insurance claim.
  • Interview and depose any eyewitnesses and expert witnesses.
  • Represent you at trial, if needed.

A wrongful death attorney can also manage the intricacies of the law, including complying with the statute of limitations and ensuring the insurance company handles your case in good faith.

Proving Negligence Is Important in a Wrongful Death Lawsuit

Asserting that another person or entity’s negligence led to your loved one’s demise is not enough to entitle your family to compensation. A wrongful death lawyer in Lake Charles will provide evidence that the at-fault party:

  • Owed your loved one a duty of care, including obeying traffic laws, providing appropriate medical care, and refraining from physical assault
  • Violated their duty by acting in a way that was careless or reckless, which can include acting negligently or failing to act
  • Caused your loved one’s demise by their negligence

Your lawyer will also help you prove the financial impact of your loved one’s loss on your family. By establishing these legal elements, our attorneys can assign a monetary value to your case and build a compelling evidence file to prove your wrongful death damages.

How Much Does it Cost to Hire a Wrongful Death Lawsuit Lawyer?

You and other family members are entitled to compensation for the loss of your loved one. Our personal injury law firm is committed to helping you fight for your financial recovery. We do not add to your financial hardship by charging attorney’s fees. Instead, we represent you on a contingency fee basis.

Our signed contingency fee arrangement means:

  • Your case can begin and proceed at no out-of-pocket expense to you.
  • Our law firm will cover the costs of preparing and filing your case.
  • We will accept a percentage of your financial award at the resolution of your case.
  • If you do not receive a monetary damages award, we will not expect any compensation.

Our team is upfront and clear about our fee agreement. We ensure you understand the percentage and the benefits of working with our team of professionals on a contingency fee basis. We start building your case with a free initial consultation and keep fighting for the resolution you deserve.

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Speak With Us Today: Our Lake Charles Wrongful Death Claim Lawyer Can Help

If your loved one died because of another party’s negligence, we could hold the liable party accountable in any type of accident. In the same vein, you deserve to have a compassionate and dedicated legal advocate by your side during your fight for fair compensation.

Our legal professionals can answer your questions and guide you through the process. Cases involving preventable deaths typically involve complex legal issues, but we can review your legal options and tell you how you can proceed. Contact us today to learn how our Lake Charles wrongful death lawyers can help you and your family during this difficult time.

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