Suddenly losing a loved one can be a painful and traumatic event. However, if a loved one suddenly passes because of the negligence, carelessness, or misconduct of another party, it can devastate you financially and emotionally.
In your time of mourning, with Laborde Earles Injury Lawyers, you have legal options.
Under Louisiana Civil Code Art. 2315.2, if a person dies due to the actions of another party, the following people can file a wrongful death claim:
- The surviving spouse or children of the deceased
- The surviving parents, if the decedent had no surviving spouse or children
- The surviving siblings of the deceased, if the decedent had no surviving spouse, children, or parents
- The surviving grandparents of the deceased, if the decedent had no surviving spouse, children, sibling, or parents
Negligence can take many forms, such as reckless driving, medical errors, or failing to maintain a safe property for guests. If you lost a loved one due to another party’s negligence, you may be able to file a wrongful death claim and collect the costs of your associated damages. A Ville Platte wrongful death lawyer can investigate your case, assign liability, and estimate the value of your damages.
To get started with a free case review, call Laborde Earles Injury Lawyers today at (337) 777-7777.
Wrongful Death and Fatal Accidents
Fatal accidents that are classified as wrongful death cases can occur in many different ways. Typically, if the decedent would have had the basis of a personal injury claim if they had survived the accident, their family usually has the grounds for a wrongful death claim.
You may have lost a loved one in any one of the following situations:
Automotive Collision
Your legal team would need to collect evidence from the collision to prove that another driver’s negligence resulted in your loved one’s passing. For example, if your loved one was struck by a driver who ran a red light, your lawyer could review the traffic surveillance footage, police report, and witness testimony to assign liability.
Medical Malpractice
If a doctor’s error or hospital’s mistake resulted in your loved one’s passing, your lawyer will need to prove how the medical professional (or facility) failed to uphold the standard of care. An example of a medical error could include leaving a foreign object in the body during surgery or neglecting to consult a patient’s medical history before prescribing a medication.
Elder Abuse and Neglect
When you place an elderly loved one into the hands of a care facility, you expect them to be treated with respect and dignity. In the event that a nursing home was responsible for your loved one’s passing, you may be able to hold an individual staff member or the greater facility itself financially liable.
Product Liability
If a faulty or defective product contributed to your loved one’s passing, you may be able to hold the manufacturer liable. Your legal team will need to prove that the defective product was not modified in any way and that your loved one was using the item as instructed.
Slip and Fall Accidents
According to the Centers for Disease Control and Prevention (CDC), over 800,000 people are hospitalized each year due to falling. If your loved one slipped and fell on another party’s property, you may be able to hold the property owner responsible.
Workplace Accidents
Some jobs, especially in the construction industry, can be minefields of potential hazards. If your loved one died while on the job, your lawyer can review the evidence in your case to determine liability. Since you cannot sue your employer in the state of Louisiana, you may have to pursue compensation from another party.
Dog Bite
If you lost a loved one after they were attacked by a dog, liability could rest on the dog’s owner. In this situation, your legal team may consult with a third-party medical professional to learn more about how your loved one’s injuries contributed to their passing.
This list is extensive but is by no means exhaustive. Wrongful death can happen anytime and anywhere. If you lost a loved one in any of the scenarios above or in one we have not included here, a Ville Platte wrongful death lawyer can help you seek compensation.
To get started with a free case review, call Laborde Earles Injury Lawyers today at (337) 777-7777.
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Compensable Damages in a Wrongful Death Claim
Right now, aside from your emotional anguish, you might be dealing with financial stressors resulting from your loved one’s death.
If your case is successful, your Ville Platte wrongful death lawyer can help you recover:
- Funeral, burial, and memorial expenses
- Your loved one’s end of life medical bills, including hospice and life support
- Loss of consortium
- Loss of household benefits and parental guidance
- Loss of income
While we realize that no amount of compensation can undo what happened, financial recovery can help ease some of your worries. Depending on your situation, you may be able to recover the cost of items that we have not listed here.
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Call Laborde Earles Injury Lawyers Today
Not only does our legal team want to get started on your case today, but you also have a limited time to act under Louisiana’s statute of limitations. Under Louisiana Civil Code §3492, you only have a year from the date of your loved one’s death to take your case to court. While this may seem like a long time, acting quickly can help promote your claim’s success.
Our team wants to get started on your case today. During your free case review, we want to learn about your loved one, how they passed away, and any other information that you deem relevant. To get started, call Laborde Earles Injury Lawyers today at (337) 777-7777.
Get The HelpYou Need(337) 777-7777To Schedule a FREE CONSULTATION
24 hours a day • 7 days a week
