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 compassionate 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.
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.
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 the loss of companionship and services. A seasoned Lake Charles wrongful death attorney could provide a detailed analysis of the applicable damages for a particular wrongful death claim.
For a free legal consultation with a wrongful death lawyer serving Lake Charles, call (337) 777-7777
Who May Bring a Wrongful Death Action?
Louisiana Civil Code §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.
Lake Charles Wrongful Death Lawyer Near Me (337) 777-7777
The Prescriptive Period in Wrongful Death Cases
La. Civ. Code §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 determine who has a right to bring a wrongful death action and when it should be filed.
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.