Wrongful death leads to pain and suffering and unexpected costs for the surviving family. The law provides families with the opportunity to hold the negligent party responsible for the loss of their loved one. You can exercise this right by filing a wrongful death case to obtain compensation.
But you may not fully understand how receiving compensation works in wrongful death cases, or how to ensure your chances of success. A Maxie wrongful death lawyer from Laborde Earles Injury Lawyers can answer all the questions you have on bringing legal action against the defendant. We can also help you recover compensation from the other party.
How to Obtain Compensation in a Maxie Wrongful Death Case
After losing your loved one due to negligence, you can file a wrongful death case against the reckless party. Their insurance company may have the responsibility of covering your losses. But the process of obtaining a settlement can become complex.
We understand how insurance companies work. So, a wrongful death lawyer from our personal injury firm can handle the insurance company for you. This means they can take care of communications and negotiations with the insurance company. If there are complexities, our Maxie wrongful death lawyer can help you navigate them.
Sometimes, negotiations may not lead to a settlement. In such cases, you may have to file a lawsuit to recover damages. A wrongful death attorney on our team can help you file a civil suit and prepare you for trial. They can also represent you before the jury.
Laborde Earles injury was great for me they took care of me very fast and professional. If for any reason I need legal help they will be who I use.Client
Components of a Successful Maxie Wrongful Death Case
There are some elements involved in ensuring you stand a chance to recover damages for the unexpected loss of your loved one. These components include:
Obeying the Statute of Limitations for Wrongful Death Action in Louisiana
As per Louisiana’s law, the statute of limitations, you have one year from the time of your loved one’s death to file a wrongful death suit. When you allow the deadline to pass, you risk losing your chance to hold the responsible party liable.
So, to avoid such an outcome, you should begin the legal process of obtaining compensation as early as you can. But you may not be ready just yet to take on the financial recovery process. The best part is that you can still obtain compensation by entrusting the legal process to us.
We can take care of all the legal components of your case on time. We can also answer any questions you have on how the statute of limitations applies to your case.
Understanding Which Family Members Can Bring a Wrongful Death Action in Maxie
The law clearly outlines which family members have a legal right to bring a wrongful death action against the negligent party. As per CC Art. 2315.2, the children and spouse of the deceased have priority.
But the victim may not have left behind any children or a spouse. In that case, the mother, father, or both will take on the role of bringing legal action. If they are also not present, the responsibility falls on the deceased’s surviving brothers and sisters.
Where there is no child, spouse, parent, or sibling, the surviving grandparents of the victim will bring legal action. We can help you understand how these laws apply to your case. We can also help the plaintiff seek damages for the victim’s death.
I thank God for Digger & David. I don’t know what we would have done if it hadn’t have been for them.Rick Smith | Client
Damages You May Be Awarded in a Wrongful Death Case in Acadia Parish
The damages you can recover for wrongful death in Maxie are likely to be very different from what another person will recover. But there are common recoverable damages that you may stand to obtain.
These damages are classified into economic and non-economic groups. Under economic damages, you can obtain the lost expected earnings of the victim. You may also obtain compensation to cover the deceased’s medical and funeral expenses. Medical expenses apply when the victim received treatment for their injuries before they passed on.
Other losses are intangible and fall under non-economic damages. They include loss of companionship, support, care, love, and consortium. Pain and suffering also falls under non-economic damages. Your lawyer can help you know which losses you stand to recover. Your lawyer can also estimate the value of your case.
The reassurance from Digger and his staff gave me that renewed hope that it’s going to be okay down the road.Client
We Can Collect Crucial Evidence to Help Build Your Wrongful Death Case
In wrongful death cases, you must prove that the defendant’s careless actions led to your loved one’s death. A lawyer from our firm can help you prove negligence by the other party. They can do that by proving the four elements of negligence; duty, breach, causation, and damages.
To prove negligence in your wrongful death case, an attorney on our team can carry out investigations and collect significant evidence. Some of the possible evidence that can help prove your case includes:
- Photos/videos if any
- Eyewitness statements
- Medical records
- Police report
Your wrongful death lawyer can use quality evidence to help you build a strong case.
They treated us like no other people would. Whenever we needed something they were there for us. I put my trust in them and I don’t regret it.Client
Identifying the Causes of Wrongful Death
Wrongful death happens when one party’s reckless or intentional actions cause someone else’s death. Medical malpractice is an example of a negligent action that leads to wrongful death. A study by Johns Hopkins found that over 250,000 fatalities result from medical error every year in the U.S.
Another major cause of wrongful death is motor vehicle accidents. The National Highway Traffic Safety Administration (NHTSA) finds that about 31,720 fatalities resulted from car accidents in the first nine months of 2021.
Defective products may also cause deaths. Your lawyer will identify your loved one’s cause of death and help you navigate the process of financial recovery.
Reach Out to Our Lawyers Today for Help With Your Wrongful Death Case
A wrongful death lawyer on our team can look at your case and map out how to best fight for compensation from the other party. We also offer our legal services on contingency. This means that we only receive payment when we win or settle your wrongful death case. Consult Laborde Earles Injury Lawyers today for your free consultation. We want to bring justice to you and your family.