If your loved one’s accident was caused by someone else’s negligence, we may be able to help you pursue compensation for your damages. Laborde Earles Injury Lawyers handles wrongful death insurance claims and lawsuits on behalf of our clients.
A New Orleans fatal accident lawyer from our personal injury firm may be able to handle all aspects of your case when we represent you. Get a free case review with a team member when you call.
Negligence in Fatal Car Accidents in New Orleans, LA
Wrongful death compensation may help a person’s relatives pay bills after an accident or compensate them for the loss of their loved one. Unfortunately, the mere fact of your loved one’s passing is not always enough to get you this compensation. You may have to seek corroborating evidence to prove that another party’s negligence caused their fatal accident.
Negligent actions that can cause a fatal car accident may include:
- A negligent driver violating a traffic law, such as speeding, failure to yield, or illegal turn or lane change.
- A negligent driver operating their vehicle while intoxicated, distracted, or drowsy
- A negligent mechanic failing to safely maintain a vehicle
- A negligent municipality allowing an unsafe or hazardous road condition to persist
Depending on the nature of the accident, evidence of liability may include:
- Police records
- Medical records
- Maintenance records
- Eyewitness statements or recordings
- Surveillance video
- Testimony from accident reconstruction experts
- And more
A New Orleans fatal accident lawyer from Laborde Earles Injury Lawyers can investigate the crash, identify the liable party, and collect all possible forms of evidence on your behalf when we represent you.
If you believe another party’s negligence caused your loved one’s fatal accident, call Laborde Earles Injury Lawyers today. If you believe another party’s negligence caused your loved one’s fatal accident, call Laborde Earles Injury Lawyers today. A New Orleans car accident lawyer will evaluate your case at no cost or obligation to you.
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Laws Regarding Wrongful Death Lawsuits in Louisiana
Louisiana law limits who is allowed to file a wrongful death lawsuit and under what circumstances. As stated in Civil Code (CC) § 2315.2, the following individuals may file wrongful death lawsuits:
- The deceased’s spouse and/or children
- The deceased’s parents if there are no spouse or children
- The deceased’s siblings if there are no spouse, children, or parents
- The deceased’s grandparents, if there are no spouse, children, parents, or siblings
In addition, there is a strict one-year statute of limitations on wrongful death lawsuits, per CC §3492. Failure to take legal action within one year of your loved one’s death could mean that your lawsuit is dismissed and you are unable to recover compensation.
The statute of limitations for your wrongful death claim could differ depending on the circumstances surrounding the loss of your loved one. It is therefore important to reach out to an attorney as soon as possible. A wrongful death lawyer familiar with Louisiana law will help you determine which statutes of limitations apply and how best to proceed with your claim.
New Orleans Survival Action vs Wrongful Death Action
When someone is injured in a fatal accident in New Orleans, they do not always pass away immediately. In some cases, they may pass away after some time in the hospital. If you lost a loved one to a fatal accident after they received medical treatment or other assistance, you can still file a lawsuit for damages your loved one sustained due to the accident. This type of lawsuit is called a survival action.
Like wrongful death lawsuits, survival actions can be pursued within one year of the loss of your loved one, per CC § 2315.1. Such actions can be undertaken by the surviving spouse, parents, siblings, child, or grandparents of the deceased individual. You can use a survival action to seek compensation for medical bills, funeral costs, and other losses associated with your loved one’s injury, illness, and demise.
The primary difference between a wrongful death action and a survival action is that a wrongful death suit is pursued on behalf of the loved ones of the victim, while a survival action is pursued on behalf of the deceased person’s estate. Settlements reached in a wrongful death lawsuit are paid to the loved ones who pursued the lawsuit. Payouts for a survival action, on the other hand, are awarded to the estate and then disbursed to the debtors or beneficiaries as required by law and the deceased individual’s will.
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Recoverable Damages in a Fatal Orleans Parish Accident Case
Depending on your relationship with the deceased and how the accident affected you, various damages may be recoverable in a wrongful death lawsuit.
Economic Damages
Economic damages are for accident victims who suffered financially. They may include, but are not limited to, the following:
- Medical bills: if your loved one received medical care prior to their passing.
- Funeral bills: for the various costs associated with laying your loved one to rest.
- Loss of financial support: such as wages or income your loved one provided prior to their death.
Non-economic Damages
Non-economic damages are for accident victims who suffered physically and emotionally. They may include, but are not limited to, the following:
- Pain and suffering: if your loved one experienced any sort of physical or emotional distress before they passed away.
- Loss of guidance, companionship, and care: because the accident can cost you years’ worth of your loved one’s presence and support.
Laborde Earles Injury Lawyers understands how to identify and assign a value to wrongful death damages. Our New Orleans accident injury attorneys manage this task by producing evidence of your damages when we represent you. Evidence we may use to support your claim includes:
- Medical records
- Hospital bills
- Photos and video of the accident
- Medical and economic expert testimony
- Accident reconstruction
- Witness statements
- Proof of income and financial obligations
We understand that no financial compensation can fill the void left by your lost loved one. Rather, we will seek compensation for your losses to provide you with financial stability and support while you grieve your loss and begin to rebuild your life.
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Benefits of Working with Laborde Earles Injury Lawyers for Your New Orleans Fatal Accident Claim
A New Orleans fatal accident lawyer from Laborde Earles Injury Lawyers can make the legal process less difficult for you to navigate. We can also handle much of the work in your insurance claim and/or lawsuit, giving you time and space from the legal proceeds to focus on your family and wellbeing.
Laborde Earles Injury Lawyers may be able to assist you by:
- Investigating your case: it is important to have as much evidence as possible to support your story. Your lawyer can investigate your case and gather as many documents and materials as they can to build your case.
- Submitting paperwork: we can handle the paperwork in your case, from filing your lawsuit on time to notifying the liable party about your lawsuit.
- Communicating on your behalf: if the liable party, their lawyer, or their insurance company wants to talk to you, they can do so through us.
- Negotiating: we can sit down with the responsible party’s legal representation and fight for your compensation during settlement negotiations.
- Representing you at trial: you do not have to accept an insurance company’s settlement if it is unfair. Instead, we can schedule a trial and try to convince a jury to award you damages.
Our compassionate attorneys are determined to seek justice for the loss of your loved one. We firmly believe that the responsible party should be held fully accountable for losses they caused, especially when their negligent actions resulted in fatal injury.
No matter how complicated your case, our attorneys will fight for your right to just compensation for the loss of your loved one. We can even help with complex rideshare accident cases. Find out more with a New Orleans Uber accident lawyer.
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Contact Laborde Earles Injury Lawyers Today to Discuss Your New Orleans Wrongful Death Claim
If you lost a loved one in a fatal accident due to someone else’s negligent or wrongful actions, you do not have to bear this burden alone. A New Orleans fatal accident lawyer from Laborde Earles Injury Lawyers can pursue compensation on your behalf when we represent you. We will handle the legal aspects of your claim, so you can take the time you need to focus on your wellbeing.
Contact Laborde Earles Injury Lawyers for a free case evaluation with a member of our car accident team. We may be able to offer you representation on a contingency-fee-basis with no upfront payments required to start. In this arrangement, we do not charge attorney fees unless and until you receive a settlement offer or court award.
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