An unexpected death can profoundly affect a family and might impact the family’s emotional state. Losing a loved one is never easy, but a sudden tragedy can have an even stronger debilitating effect on people’s mental health.
Just as serious is the financial impact that death can have on a family. Family members might need to pay medical bills and funeral costs. If the decedent provided financial support to the family, their death might also lead to a loss of wages for the family.
If someone else’s negligence or recklessness caused your loved one’s death, you might be eligible to bring a wrongful death lawsuit against the party or parties responsible for their death. These cases allege that a party did not take proper action to protect the safety of the decedent.
A St. Charles Parish wrongful death lawyer can work with you and your family to build your case and pursue compensation for your losses. The legal team at Laborde Earles Injury Lawyers is prepared to handle your case with compassion and diligence. Contact us today at (504) 777-7777 to discuss your options.
Have a Lawyer Check if Your Loved One’s Death Qualifies for a Lawsuit
Not every death, even a premature one, qualifies for a wrongful death lawsuit. The decedent’s surviving family members must have proper standing to bring a lawsuit that alleges wrongful death. In general, this means that the defendant acted negligently, recklessly, or with malicious intent and wrongfully caused death to occur.
A simple way to think about a wrongful death lawsuit is to imagine if the decedent had survived the incident. If the decedent had survived and would have had a basis for a personal injury lawsuit against the defendant, their case might qualify for a wrongful death lawsuit because the incident resulted in their death instead.
Certain cases might warrant a wrongful death lawsuit, such as cases involving:
- Car, truck, or motorcycle accidents
- Pedestrian collisions
- Defective products
- Premises liability
- Medical malpractice
A St. Charles Parish wrongful death lawyer can provide more information about the legal concept of a wrongful death. For a free consultation about your case, call Laborde Earles Injury Lawyers today at (504) 777-7777.
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Certain Family Members May Pursue Compensation After a Loved One’s Death
In wrongful death cases, the decedent’s family members must pursue a claim for the benefit of the decedent’s estate. State law lists the family members who have this power. According to the Louisiana Civil Code (CC) §2315.2, a limited set of family members can bring a case to court. These family members follow a strict flow chart.
If a person was married at the time of death, a surviving spouse or their children have the first chance to file a lawsuit. If the decedent had no surviving spouse or children, a mother or father may pursue the case. Siblings have the next chance to pursue a case, followed by grandparents if no other relative is available.
The party that files the lawsuit does so for the benefit of the decedent’s entire estate, not solely for their personal gain. In addition, the party that brings the case to court must do so no more than one year from the date of death.
Because these lawsuits tend to be complex, it is essential that family members quickly decide whether to pursue compensation. A St. Charles Parish wrongful death lawyer can help families determine who has the right to file a lawsuit in a local court.
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You Might Receive Multiple Forms of Compensation for Your Loved One’s Wrongful Death
Compensation in a wrongful death lawsuit is divided into two main categories. The first category is economic losses. These losses include the costs of outstanding medical or funeral bills. They might also include the impact that a sudden death might have on a family due to losing a wage earner.
The other main category of compensation is noneconomic losses. These losses include payments for the suffering of the deceased and the loss of companionship or parenting that the family will endure because of the incident.
Calculating an appropriate figure for a wrongful death lawsuit can be complex. However, the time may be running out on demanding this compensation. The CC §3492 gives family members one year from the date of death to file their lawsuit. The legal team at Laborde Earles Injury Lawyers encourages people to act as soon as possible so that their case gets filed on time.
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A Wrongful Death Lawsuit Can Bring Comfort and Security for the Future
Incidents that result in an unexpected or sudden death can throw a family into chaos. Not only will people need to consider how their lives will go on following the death, but they also need to consider the economic impact of these tragedies. It is not unusual for families to have thousands of dollars of medical bills or funeral costs while wondering how they will make ends meet after the death of a wage earner.
One way to provide security for the future is to pursue a wrongful death lawsuit. These lawsuits allege that a person’s or company’s failure to protect a decedent ended in avoidable death. Traffic accidents, defective products, and medical malpractice are all examples of events that may warrant valid lawsuits.
A St. Charles Parish wrongful death lawyer is ready to help you. The legal team at Laborde Earles Injury Lawyers can explain the law and how another party might be held liable for the damage they caused you and your family. Contact us at (504) 777-7777 for a free consultation today.
Get The HelpYou Need(337) 777-7777To Schedule a FREE CONSULTATION
24 hours a day • 7 days a week
