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 Louisiana is complex and may seem overwhelming when your family is healing and recovering from a loss. While you help your family through an emotionally trying time, a law firm in Lafayette can help you understand what constitutes a wrongful death and whether the loss of your loved one entitles your family to seek financial compensation.
Know Who Can File a Wrongful Death Lawsuit
When your family loses one of its members unexpectedly, it can be stressful and heartbreaking. While the loss may change the dynamics of your entire family, only specific family members may be allowed to file a wrongful death lawsuit.
According to CC Art. 2315.1, you might be entitled to financial compensation if you are the spouse, parent, or child of the deceased. A lawyer might also help you define your possible right to recovery if you are related to the deceased person in another way.
Get Help from a Lafayette Wrongful Death Lawyer
When you hire a lawyer, they can handle communicating with the insurance representatives and submitting paperwork if you attempt to file a claim first. They might be able to help you negotiate a settlement that avoids a lengthy court process.
A lawyer can also help identify the at-fault party, build a solid case file, and represent you in court if a settlement agreement cannot be reached. Your legal team will locate and interview witnesses and explain the wrongful death laws that govern your lawsuit.
Understand How Timing Affects Your Lawsuit
When your family pursues the person or entity whose actions led to the demise of your loved one, you have a limited amount of time to do so. The filing of your wrongful death lawsuit is generally limited to one year, according to CC Art. 3492.
Overlooking or otherwise failing to comply with the statute of limitations might mean you cannot compel the at-fault party to compensate you for your loss. When you seek early guidance and direction from a wrongful death lawyer, they may be able to ensure your lawsuit is filed in time to comply with the relevant filing deadline.
Assess Your Recoverable Damages
In addition to the emotional trauma of your loss, your family may also struggle with the change in their dynamic and household. You may require additional in-home support, particularly if your loved one had young children or other relatives who depended on them to meet their daily needs.
CC Art. 2315 may allow you to recover the costs of any necessary in-home help and any medical care your loved one required prior to their demise. You might also be entitled to recoup any reasonable funeral and burial expenses for your loved one’s final arrangements. In addition, you might be entitled to compensation for the loss of consortium, guidance and counsel, and your loved one’s companionship.
Resolve Your Wrongful Death Lawsuit Without Going to Court
After the accident that led to your loved one’s demise, your representative and the representative for the at-fault party will begin weighing evidence to get to the cause. Once the cause of the accident becomes clear, you and the other party may agree to a financial settlement rather than going to court.
While the decision to accept or reject a settlement offer is always yours, the lawyer who represents you may offer advice on the feasibility of each offer. If you decide to accept, you will relieve the at-fault party of any future financial responsibility in writing.
This makes accurately valuing your lawsuit critical. Your lawyer can help you calculate your damages to ensure the value of your case is not underestimated prior to the start of settlement negotiations.
Put Our Team to Work for Your Family
If your family lost one of its members due to negligence, knowing what constitutes a wrongful death can help clarify your family’s rights and responsibilities. When you are ready to explore your compensation options, contact the client support team at Laborde Earles Injury Lawyers by calling (337) 777-7777. The initial consultation is free of charge.
