Wrongful death happens when someone dies following another person’s negligent or unlawful actions. For instance, a speeding drunk driver can rear-end a vehicle, killing the occupants inside. Families of the victims can sue for various losses, including loss of companionship, funeral and burial expenses, loss of financial support, etc.
If your loved one passed away under such circumstances, a Meaux wrongful death lawyer from Laborde Earles Injury Lawyers could help you investigate and file a civil suit against the liable party.
The Role of Our Meaux Wrongful Death Lawyer
Although you may be eligible for compensation after the wrongful death of a loved one, filing such a claim is complex, especially if you lack legal experience. Therefore, it is wise to hire our personal injury firm to represent your interests.
The role of our wrongful death lawyer involves:
- Investigating the case to determine the at-fault party or parties
- Collecting sufficient evidence to prove negligence and liability
- Filing the wrongful death claim on your behalf
- Handling all communications with the insurer on your behalf
- Evaluating all the damages you suffered to determine your claim’s worth
- Negotiating a fair settlement with the insurer
- Representing you in court if negotiations fail
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
Understanding Wrongful Death Claims
Louisiana allows survivors of wrongful death victims to seek damages from the at-fault party through CC Art. 2315.2. However, not just anyone can pursue this legal option as this right to seek damages is only available to the following relatives of the deceased:
- Spouse and child or children or either of these parties
- Parents (or either parent) if there’s no surviving child
- Brothers and sisters (or any sibling) if there’s no surviving child or parent
- Grandparents (or any grandparent) if there’s no spouse, child, parent, or sibling
Anyone wishing to file a wrongful death suit must adhere to the above order of importance or risk having their civil case dismissed. Familial relationships acquired by way of adoption are embraced too, and those individuals have the right to file a suit. Nevertheless, parents who abandoned the departed when they were minors don’t have the right to seek damages.
The deadline for filing a wrongful death lawsuit in Louisiana is one year from the date your loved one passed. Unearthing the facts can be an arduous process, especially if the defendant is uncooperative in the hopes of waiting out the time limit. If this describes your situation, consider hiring our wrongful death lawyer for legal help to defend the rights of your beloved.
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
Examples of Wrongful Death Accidents
Death can happen anywhere and at any time, without warning. Employees can report to their work engagement and sustain grave injuries they succumb to. Car accidents to and from work can end a person’s life on the spot, even when they’ve made the same commute for years.
Wrongful death can arise from any of these scenarios:
- Plane crashes
- Drowning, e.g., at a hotel pool
- Nursing home neglect
- Work accidents
- Criminal acts, e.g., burglary
- Birth injuries
- Pharmaceutical defects
- Food poisoning
- Car crashes involving trucks or passenger vehicles
- Boating accidents
- Construction accidents
- Exposure to harmful chemicals
- Polluted water
- Premises liability, e.g., slippery floors at a grocery store
- Product liability
- Surgical procedures
- Injuries at school or daycare
Violation of Duty of Care
The above examples with fatal consequences show that someone breached their duty of care. It could be an employer who’s supposed to ensure safety on a construction site but fails to conduct regular safety checks, even after continuous complaints.
Negligence is the failure to act with the degree of care that someone of ordinary discretion would have exercised under similar conditions. This could arise from actions or omissions when the duty of care is apparent, but someone violates it for whatever end.
The reassurance from Digger and his staff gave me that renewed hope that it’s going to be okay down the road.Client
Filing a Wrongful Death Lawsuit
If any of the above scenarios (or another one) happens and your loved one dies, you can bring a wrongful death charge against the aggressor. The process begins with a thorough investigation to establish the facts and who’s responsible. Our lawyers know the painful discovery process can be protracted, but this step is the bedrock of these litigations.
Once the cause of death is determined, your lawyer will send a demand letter to the defendant seeking restitution instead of an agreement to forego a wrongful death suit. If the at-fault party decides to pay, the case ends at this point, and if they decline, more legal action ensues. We caution against accepting quick settlements even when your financial situation is dire.
You may accept an offer to pay the bills, only to realize the money isn’t enough to meet pressing financial obligations in the future. Bear in mind that the enduring impacts of this death aren’t always quantifiable or understood immediately. If the insurers cannot agree on a settlement, the case goes to trial, and the presiding judge rules depending on the jury’s verdict.
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
Damages in Wrongful Death Cases
There are compensatory damages you can recover after your loved one dies following the fatal consequences of someone’s actions. Wrongful death suits seek to recover economic and non-economic damages as follows:
These are the usual expenses you can place a monetary value on, and they come after an accident or sudden death. They include:
- Hospital bills and related costs
- Loss of benefits, e.g., insurance and retirement funds
- Funeral and burial costs
- Loss of income your loved one was providing
- The lost inheritance that dependents could have enjoyed
Unlike the above damages, there’s no stipulated value of non-economic damages that you’ll incur due to wrongful death.
A lawyer from our firm can help you compute an agreeable figure and negotiate a worthy settlement for the following:
- Pain and suffering
- Emotional distress
- Loss of consortium
- Diminished quality of life
- Loss of companionship
Consult Our Wrongful Death Attorney for Legal Counsel
Did your loved one pass away due to someone else’s negligence? At Laborde Earles Injury Lawyers, we have the resources to investigate the incident and uncover crucial evidence that will bolster your case.
When you hire us, you get the most responsive representation, and we’re ready to do everything we can to get you the fairest settlement. Contact us today for a free case review and more information.