Many factors contribute to determining the value of a wrongful death settlement, and no two accident cases are the same. For this reason, it is difficult to calculate an average settlement in a Louisiana wrongful death claim. What is important is that you know what a fair and just settlement might look like based on …
When a loved one dies unexpectedly, those left behind are often left with a myriad of questions. To make things easier for the bereaved, we have created our frequently asked questions section to help you get some of the answers you need. Browse our wrongful death page to get the answers to the legal questions you face after a tragic accident.
Although we aim to answer as many of your legal questions as possible on this page, we know you likely have more to ask. Chat with a representative from Laborde Earles Injury Lawyers using our helpful online chat tool. Just click the icon at the bottom right-hand corner of the page to get started and get the answers you need.
After a wrongful death, you will likely be seeking financial compensation from the liable party. We are here to help get you justice and the money that you need to carry on. Give us a call or use our online contact form to schedule an appointment for a free, no-obligation case evaluation. Our legal team can help explain your rights and walk you through all of your options.
Who Can File a Wrongful Death Lawsuit? Marksville Accident Attorney Has the Answer
No experience can match the heartbreak of losing a loved one. This is especially true when a family member dies unexpectedly due to the negligent or malicious actions of another person. In addition to the emotional hardship of such a tragedy, surviving family members often face overwhelming debt due to medical bills, lost income, and …
When Does a Person Have Grounds for a Wrongful Death Claim
When individuals sustain serious injuries as the result of someone else’s reckless, malicious, or negligent behavior, they have the right to file a personal injury lawsuit and pursue compensation from the liable party. If the injuries are fatal, the victim’s loved ones may file a wrongful death claim on behalf of the deceased. In simplest …
What Is the Difference Between a Personal Injury Claim and a Wrongful Death Claim?
Millions of Americans sustain serious injuries in motor vehicle collisions annually. According to the National Safety Council, for example, an estimated 4.6 million people required medical attention following traffic accidents in 2016. Although many of those who were hurt last year will go on to make a full recovery, thousands will never get the chance. …
Are Wrongful Death Settlements Taxable?
According to the Internal Revenue Service (IRS), wrongful death settlements are not taxable. Yet, there are some exceptions. For instance, if you receive punitive damages, that’s taxable. If you have concerns about recovering damages after losing a loved one, you’re within your rights to consult a wrongful death lawyer. Laborde Earles Injury Lawyers offers compassionate …
Louisiana Wrongful Death Statute of Limitations
Generally speaking, Louisiana’s wrongful death statute of limitations is one year, according to CC Art. 2315.2. In other words, you have up to one year from the date of your loved one’s death to file a lawsuit in civil court. If you fail to meet this deadline, the court will likely refuse to hear your …
What Are the Possible Damages in Wrongful Death Cases?
There are many types of possible damages in a wrongful death case. Although these damages cannot erase the pain that comes with losing a beloved family member, financial compensation could ease the financial strain of an untimely passing. Wrongful death lawsuits are a complex form of legal action. Unfortunately, pursuing these cases without an attorney’s …
Who Gets the Money in a Wrongful Death Lawsuit?
CC Art. 2315.2 details who can get money from a wrongful death lawsuit in Louisiana. Potential recipients, listed by their relationship to the deceased, include: A spouse Children Parents Siblings Grandparents Unique circumstances will affect who is eligible to pursue a wrongful death action. Who Is Most Entitled to Compensation? CC Art. 2315.2 notes that …
Can You Sue for Wrongful Death in a Motorcycle Accident Case?
You can sue for wrongful death in a motorcycle accident case. Some of the losses your family may be able to recover in this type of action include: Pain and suffering The loss of your loved one’s past and future financial protection The loss of your loved one’s companionship as a spouse The loss of …
What Constitutes a Wrongful Death?
A death might be considered wrongful under the law if it was caused by the fault or negligence of another person or entity. If your family member lost their life as the result of a car accident, accidental fall, or other act of negligence, you may be entitled to monetary compensation. Personal injury law in …
Can a Family Sue for Wrongful Death?
Louisiana’s wrongful death laws generally allow immediate family members to sue for wrongful death, as long as they do so before the deadline passes. However, they will need to have evidence to support the claim and be able to document their related damages. Wrongful death cases stem from accidents that occur because of negligence. You …
How Hard Is It to Prove Wrongful Death?
It may seem hard to prove a wrongful death lawsuit, but in reality, it is very similar to a personal injury lawsuit. When someone loses their life due to another’s carelessness, the surviving family members can take legal action to recover compensation for the loss of their loved one, per Louisiana Civil Code (CC) §2315.2. …
Does Premises Liability Cover Wrongful Death?
Premises liability can cover a person’s death if there is evidence to show that the property owner’s negligence caused it. A wrongful death occurs when someone loses their life due to foreseeable circumstances that a property owner failed to address. If a Lafayette, LA, property owner, or another liable entity, failed to meet their duty …