Losing a loved one because another party did not exercise their duty of care is devastating. You may incur various expenses from caring for the deceased until their burial or funeral. Filing a claim against the party accountable for the fatality may help recover damages.
A Port Barre wrongful death lawyer from Laborde Earles Injury Lawyers will study your case to determine liability and gather the needed proof. Read on for more information on such matters, recoverable damages, and ways your attorney will assist.
Elements of a Wrongful Death Claim
Each Port Barre wrongful death claim must have four elements; duty of care, breach or negligence, causation, and damages. A lawyer from our firm can help you establish these aspects and gather enough proof of each. First, the attorney will determine the party accountable for your loved one’s safety when they sustained fatal injuries.
After that, they will prove that this party was negligent and failed to protect your loved one. For example, if the death resulted from a car crash, the lawyer may prove that another motorist was speeding. In another example, the attorney will show that a premises owner failed to ensure their building was safe.
Once your attorney establishes the first two elements, they will gather evidence connecting negligence to the incident. They will then link the event to your loved one’s demise and associated damages.
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The Evidence Required in a St. Landry Wrongful Death Case
When you file a Port Barre wrongful death claim, you should present various items as proof. In most cases, the needed evidence will depend on how your loved one died and the damages you seek from the at-fault party.
A Port Barre wrongful death lawyer on our team will help you obtain medical records from healthcare providers who treated the deceased before passing. Such documents can outline the injuries your loved one sustained. They will also mention the treatments they received and the severity of harm.
If your loved one’s cause of death was unclear, your attorney could guide you in obtaining an autopsy report. They will then use the document to link the fatality to another party’s negligence. More items your lawyer may present as proof are:
- Receipt of treatment costs
- Images of sustained injuries
- An accident or police report
- Statements by an accident reconstructionist
- A forensic report
Additional Forms of Evidence
Your lawyer could use video footage as evidence if the incident leading to a fatality occurred near security cameras. Further, they may interview witnesses to confirm the details you provided in your statement.
Another item your attorney may present as proof is a psychiatric evaluation report. This document will be helpful if you claim mental health injuries related to your loved one’s demise. The file will include details about your diagnosis, the severity of your condition, and triggers.
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How Your Wrongful Death Lawyer Will Assist
Your wrongful death lawyer will help identify all damages associated with your case. The attorney may ask some questions to learn how the fatality affected you. They may also work with healthcare professionals to evaluate your condition.
When your attorney identifies all injuries, they will quantify them.
This process allows the lawyer to determine the amount to claim from the liable party. Other ways your Port Barre lawyer can help are:
- Filing a wrongful death claim
- Meeting with insurance adjusters
- Building your case with solid evidence
- Presenting the case within the wrongful death statutes of limitations
- Advising you on legal matters
Insurance companies may delay compensation or take longer to investigate the case. Your lawyer will request your claim file to determine how the firm handles it. This process allows the attorney to identify issues causing delays and present any required evidence.
An insurer may deny liability or offer compensation lower than the sustained damages. Your lawyer will help negotiate a higher amount and verify the value of each injury. Further, they can file a lawsuit against the liable party in a Louisiana court.
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Economic Damages You Can Recover With a Port Barre Wrongful Death Claim
Your lawyer can help you recover various economic damages when you lose a loved one. For instance, they would claim medical expenses if the deceased received treatment before succumbing. The attorney may also seek burial or funeral costs and those incurred on postmortems.
Another economic damage the attorney may claim for wrongful death is lost income and wages. The lawyer will assess the amount to seek based on your loved ones’ earnings before passing. They will also consider other financial benefits the deceased would have received from their employer or source of income.
More economic damages the attorney may seek are:
- Value of items destroyed when your loved one died
- Lost inheritance
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Non-Economic Damages Recoverable After a Port Barre Wrongful Death
Non-economic damages are injuries that lack a specific monetary value. These often affect your emotions, mental health, and ability to lead an everyday life.
Your lawyer will help you seek grief as a non-economic damage from the at-fault party. They can also claim mental health injuries. Another aspect the attorney may include in your claim is pain and suffering. This will encompass several damages causing distress or emotional anguish. These are:
- Reduced quality of life
- Anger
- Insomnia
- Loss of consortium
- Lost guidance
- Lost companionship
- Loss of life enjoyment
Since a loved one’s demise affects different parties in unique ways, the damages the attorney claims may differ. The injury values may also vary based on your relationship with the deceased and the severity of the death’s impact.
Consult Our Wrongful Death Lawyer Serving Barre
Our Port Barre wrongful death lawyer will provide guidance and representation as you seek justice. The attorney will hold all responsible parties accountable for damages.
At Laborde Earles Injury Lawyers, you can call for a free consultation where we will review your case. Our attorneys will then determine the best way to approach the matter. Further, they will update you on your case’s progress and use all available legal options to seek justice. Call Laborde Earles Injury Lawyers for a case analysis.
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