Wrongful death can happen because of different reckless actions. No matter the cause, wrongful death usually causes unprecedented financial costs and intangible losses. You have a right to recover damages to compensate you for the losses you suffer.
If your loved one died because of negligence, a Leesville wrongful death lawyer from Laborde Earles Injury Lawyers can help with financial recovery. We can analyze the case details to establish if it stands a chance and how to best seek compensation from the defendant. Keep reading to understand the various elements of a wrongful death case and how we can help.
Understanding What Exactly Constitutes Wrongful Death
Wrongful death occurs when an individual’s or organization’s negligent actions lead to someone’s death. A lawyer from our personal injury firm can help eligible family members bring a wrongful death action against the defendant to obtain compensation. Various kinds of accidents lead to wrongful death. Some common ones are:
Traffic Accidents
Road accidents involving motorcycles, pedestrians, cars, and trucks often result in fatalities. Negligent causes of road accidents include speeding and driving while distracted or drunk. Multiple people could be liable for your loved one’s road accident and subsequent death. A wrongful death lawyer from our firm can help you identify all the involved parties and hold them accountable.
Medical Malpractice
When healthcare providers act negligently, it may have deadly consequences. If your loved one died because of medical malpractice, we can help you hold the responsible party liable. We can help you prove that the medical professional violated their duty of care.
Accidents at Work
Your loved one may have died after being in a workplace accident. Some jobs, such as construction work, may be particularly risky. A lawyer from our firm can help you obtain compensation if your loved one died due to a workplace incident.
Death From Defective Products
A producer may place defective products for sale. These products may cause severe accidents that result in death. Such cases are often complex, and the other party may put up a strong defense. A lawyer on our team can help you fight for compensation if your loved one died due to a defective product.
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Available Compensation in Wrongful Death Cases
In wrongful death cases, damages are awarded to compensate the surviving family members for their financial and intangible losses. Financial losses may include:
- Medical costs
- Funeral expenses
- Loss of the victim’s expected earnings
The unmeasurable losses include pain and suffering, loss of support, and loss of consortium. A Leesville wrongful death lawyer from our firm can examine your case and inform you of the damages you may recover. The damages you can claim usually affect the value of your case.
Other factors that affect how much your case is worth include the victim’s income, age, and degree of family members’ dependence. In some circumstances, you can get punitive damages. The court awards these damages if the defendant’s actions were particularly heinous or intentional.
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Surviving Family Members Who Can File a Wrongful Death Case
Not every family member of the victim can bring wrongful death action against the responsible party. Different states have varying laws on who can bring a lawsuit in case of wrongful death.
Louisiana’s law, under CC Art. 2315.2, limits the family members who can bring a lawsuit to:
- The surviving children, spouse, or both
- The surviving parents of the victim if there is no child or spouse
- The surviving siblings if the victim did not leave behind a child, spouse, or parents
- The surviving grandparents of the deceased if none of the above exist
A wrongful death lawyer from our law firm can answer all the questions you have on who can bring a lawsuit. We can also work with the plaintiff to recover damages.
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Do Not Wait Too Long to File a Wrongful Death Lawsuit
You have a limited amount of time to file a wrongful death lawsuit against a negligent party. This time is one year from the day of your loved one’s death.
You may have to file a wrongful death lawsuit if you cannot settle out of court with the insurance company. Filing a lawsuit means that the jury gets to decide your case and the damages you will receive.
If you fail to meet the one-year deadline for a wrongful death lawsuit, the court may dismiss your case. A dismissal means that you risk losing the chance to hold the responsible party accountable for your loved one’s loss. We can make sure that you meet all the deadlines in your case.
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How Your Leesville Wrongful Death Attorney Can Assist You
We know that you may not be ready to start working on obtaining compensation. You don’t have to handle financial recovery alone. Our wrongful death lawyer in Leesville can take care of the legalities as you take time to process your loss and grieve.
An attorney with our firm can also handle negotiations with the insurance company. If negotiations do not lead to a settlement, they can represent you in court.
If you have any questions regarding the financial recovery process, you can direct them to us. We can help you understand how it all works.
We Can Gather Evidence to Help Prove Your Vernon Parish Case
A strong case can provide significant backing to your claims. This will help you recover compensation. Your wrongful death lawyer can conduct thorough investigations to collect evidence to strengthen your case.
Some of the evidence includes eyewitness testimonies, surveillance footage, medical reports, and police accident reports. Your lawyer can also seek the opinion of experts to prove your case. These expert witnesses have specialized knowledge of certain subject areas.
Our Lawyers Want to Get to Work on Your Case
Starting and following up on the legal process can get burdensome and frustrating. We can take the burden off your shoulders and help you secure the justice and compensation you deserve. Let Laborde Earles Injury Lawyers handle your whole case for you. Contact us today for a free consultation.
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