The loss of anyone dear brings feelings of loneliness and grief. But when the loss of a loved one is due to someone else’s negligent or careless actions, it can make the pain even worse. It is an unsettling and frustrating feeling knowing that a preventable accident in Louisiana took an innocent life.
If this occurred to your loved one, you have options to recover losses. A Terrytown wrongful death lawyer from Laborde Earles Injury Lawyers can help you file a claim or lawsuit to receive compensation. They have the experience dealing with wrongful death cases and will lead the way in navigating your case.
Types of Wrongful Deaths
Several types of accidents can lead to wrongful death. Here are several causes of wrongful death accidents:
Motor Vehicle Accidents
There are millions of car wrecks a year. Thousands of these result in a fatality. When someone breaks traffic laws, and it results in a death, there is cause for a lawsuit.
Medical Malpractice
A medical malpractice situation can occur when a physician or other medical professional provides the wrong care or fails to give a patient the right advice, resulting in death. When this occurs, you could sue the person responsible.
Product Malfunction
If a product doesn’t work as intended or it malfunctions, someone can get injured, or worse, someone can get killed. The liable party may be the manufacturer or someone else along the chain of production.
Workplace Accidents
Workplace accidents can be fatal. This is especially true when people are working with heavy equipment. Those who work in the construction industry may be more apt to get into a fatal workplace accident.
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Who Can File a Wrongful Death Lawsuit in Louisiana?
Louisiana, just like any other state, has laws that allow someone to file a claim or lawsuit if their loved one dies due to someone else’s negligence. One thing that a person may wonder is who specifically can file the lawsuit. In some states, only a representative of the decedent can file the claim, and then the representative distributes the funds to the family member.
This involves an extra step. However, in Louisiana’s law, Article 2315.2 states that certain family members can file a wrongful death lawsuit to recover damages.
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Statute of Limitations in a Terrytown Wrongful Death Case
Those individuals who are legally able to file the lawsuit must do so in the allotted time. This is referred to as the statute of limitations. Louisiana allows family members up to one year from the date of death to file the lawsuit.
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What Damages Can You Expect in a Wrongful Death Suit?
Now that you know who can file the lawsuit, let’s look at what types of damages you can seek in a wrongful death case. There are three main categories of damages for which you may make a claim. These are as follows:
Economic Damages
These damages consist of the monetary losses incurred due to the wrongful death. These costs may include:
- Funeral and burial expenses
- Medical costs related to the decedent’s accident and subsequent death
- Loss of the deceased person’s monetary contribution to the family
- Loss of workplace benefits that the family would have received if the person lived
Non-Economic Damages
When a loved one dies due to an act of negligence, there are non-monetary losses because of the loss, as well. These are the emotional losses due to the family member passing. Some of these include:
- Survivors’ pain, grief, and suffering.
- Loss of companionship, guidance, and care.
- Loss of consortium
Punitive Damages
Punitive damages are only awarded if the court finds the person acted in a grossly or extremely negligent manner. These damages are used as a deterrent and punishment and are given on top of the other damages.
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Negligence in a Wrongful Death Case
Every lawsuit for wrongful death or personal injury is based on someone acting negligently. If no one is negligent, then there isn’t a case. Therefore, our Terrytown wrongful death lawyer must build a case against the defendant, showing negligence. This may involve your wrongful death lawyer doing the following:
- Interviewing you and other witnesses of the accident
- Obtaining doctors’ records and cause-of-death documents
- Examining the death certificate
- Researching the case
Your lawyer will negotiate with an insurance adjuster for a fair settlement and represent you in court if necessary.
As a part of proving negligence, your lawyer must show the following:
The Defendant Had a Duty of Care
Duty of care is a legal term. It simply means the lawyer must establish the defendant had a responsibility to your loved one to keep them safe.
The Defendant Breached That Duty of Care
After the duty of care is proven, the next step is to show how the defendant broke that duty. This is shown through their negligent or careless acts.
There Is Direct Causation
This step involves proving the actual accident led to your loved one’s death. There must be a direct cause-and-effect link.
There Are Damages
You and your family now have damages because of your loved one’s untimely death.
Connect With Our Firm Today to Discuss Your Jefferson Parish Case
Talk to a compassionate team member today about your situation and obtain a free consultation regarding your case. They will determine the best course of action for you and your family. With Laborde Earles Injury Lawyers in your corner, you can focus on healing while our lawyer manages the case from beginning to end, working on a fair settlement or court award.
When you contact our law firm, you can begin the case with no money down. You don’t pay until your case is settled. Call today.
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