If your family member suffered fatal injuries in a truck accident, you could have viable grounds for a wrongful death action. This type of lawsuit could not only result in financial compensation, but also provide you with a measure of justice for the loss of your loved one. A truck accident lawyer from our firm could help you pursue your case against the negligent party.
The unexpected loss of a family member can result in pain that never completely goes away. A Lawtell fatal truck accident lawyer from our firm could remove the stress and worry that comes with a civil lawsuit from your shoulders, allowing you to focus on healing during this difficult time.
Who Can Pursue Legal Action Following a Fatal Truck Accident?
The unexpected loss of a friend or family member can have major implications for many people. However, only a small number of those individuals will have the right to file a wrongful death action. In Louisiana, CC Art. 2315.2 identifies which family members are entitled to pursue a wrongful death case in court. This is different than many other jurisdictions, which require a personal representative of the decedent’s estate to file a wrongful death action.
In Lawtell, the deceased person’s surviving spouse and children have priority. All eligible parties could file the lawsuit together or individually by either the spouse or child(ren).
If the decedent is not survived by either a spouse or children, the right to file a wrongful death action rests with the decedent’s surviving parents. One or both parents could pursue this type of lawsuit. If there are no surviving parents, the right to pursue legal action goes to any surviving siblings. If there are no siblings alive, the right ultimately rests with any surviving grandparents of the decedent.
If you are unsure whether you qualify to file a wrongful death lawsuit, your fatal truck accident attorney in Lawtell, LA can explain your options.
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What Damages Are Available After a Fatal Truck Accident?
Unlike some jurisdictions, Louisiana does not place an arbitrary cap on the compensation available in a wrongful death lawsuit. That means the damages awarded in your case are only limited by what a jury finds to be fair.
Of course, building a case for compensation requires proof. Because many different types of damages are available, establishing what your fatal truck accident case is worth can require different types of evidence, too. Some common types of damages include:
Final Expenses
One common type of compensation recovered in wrongful death cases includes a person’s final expenses after their passing. This usually involves the costs associated with a funeral. It can also include expenses tied to burial or cremation.
Medical Costs
Many who suffer fatal injuries in a truck accident receive medical care before their passing. This medical care can come with a significant price tag. A wrongful death action could recover compensation based on the cost of this care.
Lost Earnings
When people die, the family members who relied on them financially often find themselves in a bind due to lost household income. This can lead to major financial issues for an entire family in some cases.
The same is true for family members who relied on work-based benefits (such as health insurance) before their loved one’s passing. A successful wrongful death action could lead to compensation based on those lost benefits and earnings.
Loss of Companionship
Surviving family members can also face other forms of hardship. The sudden loss of a loved one can cost family members care, emotional support, and guidance. Compensation could be available for these losses.
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How Much Time Do I Have to File a Fatal Truck Accident Lawsuit?
If you are considering legal action following a fatal truck accident, it is important to remember that you have a limited time to act. Like all jurisdictions, wrongful death lawsuits filed in Lawtell must comply with the statute of limitations.
The statute of limitations has a long history with personal injury law. It serves as the deadline to file a case and is designed to prevent lengthy delays between fatal accidents and civil lawsuits. Louisiana has one of the shortest statutory periods in the country.
According to CC Art. 2315.2, you only have one year to file a wrongful death lawsuit following a fatal truck accident. This one-year period typically begins on the day of your loved one’s passing.
If you wait too long to file a lawsuit, you can expect the defendant to seek a dismissal of your case with prejudice. Without a rare exception, the court will likely grant this motion and bar you from ever pursuing the case again.
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Our Lawyers Have a Track Record of Success in Truck Accident Cases
When you seek legal counsel for a fatal truck accident case, you should base your decision on more than flashy advertising or catchy slogans. Experience matters, and you may achieve success with the help of an attorney who understands wrongful death cases.
Our Lawtell fatal truck accident lawyers have had success with many cases, and our previous verdicts and settlements are evidence of that success. Some recent verdicts include:
- $23 million – Wrongful death judgment
- $410,000 – Client hit from the rear by commercial truck
- $2.7 million – Settlement for an 18-wheeler accident victim
- $1.2 million – Trial verdict for an 18-wheeler accident victim
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Pursue Justice With the Help of a Fatal Truck Accident Lawyer in Lawtell, LA
There is no easy way to face the unexpected passing of a close family member. If you have lost a loved one in a truck accident, a wrongful death claim or lawsuit might be your best option for seeking justice. In addition to recovering a monetary award, these cases provide a measure of justice for the surviving relatives.
Our Lawtell fatal truck accident attorneys at Laborde Earles Injury Lawyers is here to help during this difficult time. You have the right to seek legal counsel right away, especially given that the deadline to file suit is fast approaching. Let a Lawtell fatal truck accident lawyer help you pursue justice on behalf of your lost loved one. Contact us for a free consultation today.
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