Losing a loved one can feel like too much to bear all by itself, and mounting financial troubles only add to the stress and heartache. If you have lost a loved one due to another person’s negligence, however, you may be entitled to compensation that a dedicated Lake Charles wrongful death lawyer could help you pursue.
Although a civil damage award cannot reverse what has already happened, it may help with any financial problems that could arise in the future. A Lake Charles personal injury attorney could help you take stock of your options and pursue full and fair financial restitution in the wake of your family’s loss.
Justifications for a Wrongful Death Claim
A wrongful death action may arise from a variety of circumstances and situations. For instance, a driver’s negligence could lead to a wrongful death action when an ensuing car crash results in a person’s death. Medical mistakes, such as prescription drug errors or errors in performing procedures, may likewise form the basis of a wrongful death action. Additional causes of action may include:
- Physical assault or attack
- A dog bite or attack
- Bicycle accidents
- Slip and fall accidents
- Boat accidents
- Truck accidents
- Motorcycle accidents
- Nursing home abuse
Even a landowner’s failure to maintain their property could lead to a wrongful death action if an individual passes away due to the landowner’s failure to fix a dangerous condition. Essentially, any situation that could have given rise to a personal injury lawsuit had the victim survived could, accordingly, become a wrongful death suit.
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Damages Your Family Can Recover
Family members who pursue a wrongful death claim may seek to recover for loss of income, as they will no longer receive the financial contributions that the deceased would have made. Damages for loss of income may be determined through an expert’s evaluation of the deceased’s work history and life expectancy.
Also, family members may seek to recover for their loss of companionship and services. The financial damages your family suffers can be difficult to assess and difficult to prove. A seasoned Lake Charles wrongful death attorney could provide a detailed analysis of the applicable damages for a particular wrongful death claim.
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Who May Bring a Wrongful Death Action?
Louisiana CC Art. 2315.2 authorizes a wrongful death action when a party’s negligence directly results in another person’s death. Under this statute, individuals may have a right to bring such an action based on their relationship to the deceased. Specifically, the following individuals may be entitled to bring a wrongful death action in Lake Charles:
- Surviving spouse and/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
A skilled Lake Charles wrongful death lawyer may be able to provide more information about bringing forth a wrongful death claim under a plaintiff’s unique circumstances.
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The Prescriptive Period in Wrongful Death Cases
The civil code CC Art. 2315.2 contains the statute of limitations for wrongful death actions in the State of Louisiana. According to this statute, family members of a deceased party who wish to file a wrongful death action in Lake Charles must file the action within one year from the date of their loved one’s death.
If the wrongful death action is not filed within one year from the date of death, the family may not be able to recover compensation. Among various other services, a wrongful death lawyer in Lake Charles could help family members comply with the statute of limitations and determine who has a right to bring a wrongful death action and when it should be filed.
The support of a wrongful death attorney can also relieve your family of the burden of meeting the statute of limitations. While you navigate the grief process and adjust to the new dynamics of your family, your lawyer can make sure your right to compensation is protected.
Get Help From a Lake Charles Wrongful Death Attorney
The stress of an insurance claim or lawsuit is the last thing you and your family need to deal with. A lawyer can handle the details of your case for you. Your lawyer will:
- Investigate the cause of your loved one’s demise
- Identify the negligent party or parties
- Prepare and submit your insurance claim
- Interview and depose any witnesses
- Represent you at trial, if needed
A lawyer 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.
Understand The Role of Negligence in Wrongful Death Cases
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 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 take a necessary action
- Caused your loved one’s demise by their actions
Your lawyer will also help you prove the financial impact of your loved one’s loss on your family. By establishing these legal elements, a lawyer can turn to assigning a value to your case and building a compelling evidence file.
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The Cost of Hiring Our Wrongful Death 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 exorbitant attorney’s fee or any attorney’s fee at all. 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 absorb 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 are not awarded monetary damages, we will not expect any compensation
Our team is upfront and clear about our fee agreement. We make sure you understand the percentage and the benefits of working on a contingency fee basis. We start building your case with a free initial consultation and keep fighting for the resolution you deserve.
Speak with a Lake Charles Wrongful Death Attorney
If your loved one passed away due to another party’s negligence, that negligent party should be held accountable for their errors or omissions. In the same vein, you deserve to have a compassionate and dedicated legal advocate by your side during your fight for fair compensation.
A knowledgeable attorney could provide answers to your legal questions and guide you every step of the way. Contact a Lake Charles wrongful death lawyer for help during this difficult time.
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