How to Establish Liability in Fatal Truck Crashes
Before our Ville Platte lawyers can hold someone accountable for a fatal truck accident, we must prove that they did something negligent or reckless that caused the collision.
In wrongful death cases, we must show that the death resulted from a wrongful act. The wrongful act could be intentional, like a road rage incident that caused the collision. However, most fatal truck accidents result from negligence, like a distracted driver or unbalanced cargo that causes the truck driver to lose control of the tractor-trailer.
Liability is a tricky issue, especially in deadly truck collisions. You can talk with a fatal truck accident lawyer in Ville Platte, LA to sort out the liability issues in your case.
Laborde Earles injury was great for me they took care of me very fast and professional. If for any reason I need legal help they will be who I use.
ClientWho Can Bring a Wrongful Death Action After a Fatal Truck Crash in Louisiana?
CC Art. 2315.2 says that the decedent’s surviving spouse and/or children have the first right to file a wrongful death lawsuit in Louisiana. If the deceased person did not have a surviving spouse or child, their surviving parents can bring a lawsuit.
If the person who died had no living spouse, child, or parents, next in line are the surviving siblings of the deceased individual. Finally, if none of those parties lived longer than the decedent, the surviving grandparents can file a wrongful death lawsuit under Louisiana law.
If you are not on this list, you likely cannot file a lawsuit. Dear friends do not have legal standing in Louisiana for these cases. If you’re unsure whether you qualify, your Ville Platte truck accident attorney can answer your questions.
I thank God for Digger & David. I don’t know what we would have done if it hadn’t have been for them.
Rick Smith | ClientHow Our Lawyers Can Help You With Your Ville Platte Fatal Truck Accident Claim
You should not have to deal with grieving for your loved one and filing a claim or lawsuit against the at-fault party at the same time. When you put your case in our hands, you can return to focusing on the things that matter. We can handle the legal issues for you.
Here are just a few of the services our Ville Platte fatal truck accident lawyers provide on wrongful death cases:
- We’ll stand between you and the insurance company. When a lawyer represents you on a wrongful death case, the insurance company and defendant are not allowed to contact you directly. As soon as they learn you have an attorney, all communications from them must go through us.
- We’ll treat you with respect and compassion. We know you are going through an emotional roller coaster, and we do not want to add to that situation. We will listen to you and take the time to answer your questions.
- We’ll keep you up to date on all developments in your case. You will not have to worry about or wonder what is going on in your wrongful death claim.
- When we investigate the fatal truck accident, our Ville Platte attorneys will look for evidence that establishes the at-fault party’s liability. In tractor-trailer cases in particular, we may check the logbooks of the driver and their employer to discover whether they complied with federal regulations.
- We’ll negotiate on your behalf and try to settle your claim for a fair compensation amount. If we cannot settle, we can take the case to trial.
When you work with our fatal truck accident attorneys in Ville Platte, LA, we’ll take care of all these and many other tasks for you. If you try to handle your claim alone, you will have to perform these functions yourself, while trying to be there for your family in their grief.
The reassurance from Digger and his staff gave me that renewed hope that it’s going to be okay down the road.
ClientRecoverable Damages in Ville Platte Fatal Truck Collisions
The monetary damages you might be able to pursue in your Ville Platte wrongful death claim will depend on the unique facts of your situation. Every case is different. There is no automatic or guaranteed amount of recovery.
Here are some of the categories of compensation that people seek to recover in Louisiana wrongful death claims:
- The final medical bills of the decedent for the injuries that eventually proved to be fatal
- The cost of the funeral and cremation or burial
- The loss of the income the decedent provided for the family
- The loss of benefits the deceased relative provided to the family, such as health insurance through their employer
- The loss of the decedent’s companionship, guidance, education, and experience.
You can work with our Ville Platte fatal truck accident attorneys to determine the amount and types of monetary damages you could seek in your case. You cannot ask for more compensation from the defendant or insurance company after you settle your case, so you should ensure you include all the categories that apply to your case from the start.
They treated us like no other people would. Whenever we needed something they were there for us. I put my trust in them and I don’t regret it.
ClientHow Contingency Fees Work in Ville Platte Fatal Truck Accident Claims
Louisiana law allows fatal truck accident lawyers to use contingency fee arrangements on personal injury and wrongful death cases to give people greater access to the legal system.
Many people would be unable to pay for a lawyer out of pocket to take on the insurance company. With a contingency fee structure, you do not have to pay hourly fees or come up with a deposit. Instead, we receive a portion of your settlement proceeds or court award. If you do not win, you will not owe us any legal fees.
The Statute of Limitations in Fatal Truck Accident Cases
You should not delay talking to a Ville Platte fatal truck accident lawyer about your case. Louisiana has one of the shortest filing deadlines in the country. Under CC Art. 2315.2, you only have one year to file a wrongful death lawsuit against the at-fault party if your loved one died from wounds received in the truck collision.
Often, other people get injured in these crashes but survive their injuries. There is a one-year deadline for personal injury lawsuits in Louisiana, under CC Art. 3492. Statutes of limitations can be confusing, so please feel free to reach out to us even if you think your case’s deadline might have already passed.
Get Your Free Fatal Truck Accident Case Consultation Today
A Ville Platte fatal truck accident lawyer from our team at Laborde Earles Injury Lawyers is ready to help you. Contact us today to get a free initial consultation.
