Soon after the shock wears off that your close relative lost their life in a truck collision, you might wonder if it is possible to hold the at-fault party accountable for their actions. As devastating as the loss of a loved one can be, it is even worse when you discover that the crash happened because of someone’s negligence.
In other words, if the at-fault party had not been careless, your relative’s death could have been prevented. If you are experiencing a situation like this, you can talk to a Rayne fatal truck accident lawyer about what kinds of monetary damages could be recoverable for you and your family.
Kinds of Recoverable Damages in Rayne Fatal Truck Collisions
If your close relative lost their life in a tractor-trailer crash in the Rayne, Louisiana area, their legal beneficiaries can pursue money damages from the party who caused the accident.
We will need to talk to you and investigate the collision before we can determine the compensation you might be able to recover. However, here are some of the typical categories of damages available in wrongful death cases in Louisiana:
- The decedent’s medical bills for treatment of their crash injuries
- The cost of the funeral and cremation or burial
- Loss of guidance, education, and companionship
- Loss of services the deceased person provided for the family, like taking care of the house and yard
- Loss of the income the decedent earned
- Loss of benefits the family enjoyed because of the deceased person, like employer-provided health insurance
Depending on your case’s facts, you might be eligible to claim additional losses or types of compensation from the at-fault party. You can talk with a fatal truck accident lawyer in Rayne, LA about the specific monetary damages you could seek in your wrongful death case.
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The Essential Elements We Must Prove to Establish Liability in a Fatal Truck Accident Case
To win compensation on your behalf, our Rayne fatal truck accident attorneys must prove that the defendant caused the truck crash through a wrongful act, which could be intentional or merely negligent.
Most wrongful death claims after tractor-trailer crashes result from negligence, not intentional acts. Whether the negligent act was speeding, drunk driving, distraction, or some other type of carelessness, if the negligent act caused the accident, the driver may be liable.
Liability issues can be complicated. Sometimes, multiple parties make mistakes that combine to lead to a collision. You do not have to sort out the liability issues on your own. A fatal truck accident attorney in Rayne, LA can evaluate your situation.
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Who Can Bring a Wrongful Death Action After a Fatal Truck Crash in Louisiana?
Under Louisiana law, you must be related to the decedent by blood or marriage to take legal action. A lifelong dear friend or unmarried romantic partner is not eligible to file a wrongful death lawsuit in our state.
According to CC Art. 2315.2, the surviving spouse and children of the deceased can bring legal action against the responsible party for their losses. If the decedent did not leave a surviving spouse or child, these people have a right to file a lawsuit for wrongful death:
- Surviving parents of the decedent
- If no parents survive, the surviving siblings of the deceased person
- If no siblings survive, surviving grandparents of the decedent
How Much Time You Have to File a Wrongful Death Lawsuit in Rayne, Louisiana
By the time you feel ready to face filing a lawsuit for the wrongful death of your loved one, it might already be too late. Louisiana only gives you one year to file a lawsuit for the death of your close relative.
If you suffered non-fatal injuries in the big rig collision, CC Art. 3492 limits your time to one year to file a personal injury lawsuit, as well. Because there is such a short deadline in Louisiana, many people don’t even try to pursue their legal rights.
Please do not give up without finding out if you can still file a lawsuit. You can talk to your Rayne fatal truck accident attorney to confirm the deadline in your case.
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Why You Can Afford to Hire a Fatal Truck Accident Attorney to Handle Your Case in Rayne
If you have hired a lawyer to handle a different type of situation in the past, like a divorce, you might have had to pay them a deposit upfront, followed by steep hourly fees for all the time they spent working on your case. Thankfully, wrongful death and personal injury cases are not like that when you work with us at Laborde Earles Injury Lawyers.
Instead of paying upfront or hourly legal fees, you agree that we will receive a portion of the settlement proceeds or jury award for our attorney fees. There is no risk because if you do not win, you do not owe us any money for legal fees.
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Three Pitfalls That Could Hurt Your Fatal Car Accident Claim
The financial value of your wrongful death claim could plummet if you make a mistake like one of these:
- Not preserving evidence. Let’s say a semi-truck hit your loved one’s car. Your relative died, and their car was a total loss. Do not let the insurance company sell the car to the salvage yard yet. If your lawyer suspects that a car defect contributed to the collision, you need to have the car to prove it.
- Accepting a lowball initial offer to settle your claim. You might not realize that you will only get one check from the insurance company. After you sign the settlement papers, you cannot ask for more money, even if you discover new accident-related expenses. If you try to handle your wrongful death claim without an attorney, you might find out after it is too late that your claim was worth a lot more money.
- Missing the filing deadline while negotiating with the insurance company. The claims adjuster might drag out the settlement negotiations in an attempt to let the statute of limitations for your case pass quietly. Once that date passes, your legal rights evaporate. Negotiations do not satisfy the statute of limitations. Only filing a lawsuit will do.
Sadly, these mistakes are common in wrongful death claims in which the plaintiffs try to handle their own claims instead of working with a Rayne fatal truck accident lawyer.
Get a Free Fatal Truck Accident Case Consultation Today
Our Rayne fatal truck accident lawyers at Laborde Earles Injury Lawyers can handle your wrongful death case on your behalf so that you can focus on being present for your family and yourself. Contact us today to start with a free consultation.
Get The HelpYou Need(337) 777-7777To Schedule a FREE CONSULTATION
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