Unique Aspects of Wrongful Death Claims

For wrongful death cases, only a beneficiary can file a claim. The beneficiary typically is any surviving spouse or children of the deceased. If no such relatives exist, then the claim would fall to the surviving parents of the deceased. If there are no surviving parents exists, then the claim would fall to the surviving siblings of the deceased and would continue down to the surviving grandparents. The other thing that distinguishes wrongful death from other personal injury claims is a wrongful death action is designed to compensate the surviving relatives for their losses, not the losses of the deceased.

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Statute of Limitations in Lafayette

The statute of limitations for a wrongful death action in Lafayette is one year from the date of death. However, there are exceptions to this rule for individuals with disabilities or children.

If a beneficiary was a minor at the time of the incident, they have until one year from the date of their 18th birthday to file a claim. You can speak with a Lafayette personal injury lawyer to help you pursue compensation.

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Investigating a Wrongful Death

A lawyer investigating a wrongful death case in Lafayette needs first to figure out how the accident occurred and establish that the deceased was killed by or through the negligence of another. They also need to investigate what insurance coverage is available to compensate the surviving relatives for their loss. The state minimum insurance for an auto claim, for example, is $15,000 per person and $30,000 max per accident. If someone is killed in an auto accident through the fault of someone who has a minimum limit insurance policy, that is not nearly enough to cover their lawsuit. In these cases, a lawyer investigates the amount of available insurance early on in the process to ensure the surviving family members are adequately compensated.

Gathering Evidence

The evidence that is gathered in a wrongful death case is different from the evidence that is normally collected in personal injury cases. Because the injured party is deceased, they are not a source of evidence in terms of explaining how the accident occurred. A lawyer must rely on eyewitness accounts and other information to establish negligence on the part of the defendant.

How Long Does Filing a Wrongful Death Claim Take?

From beginning to end, a wrongful death case can take anywhere from a few months to a few years. It depends on the complexity of the accident, the amount of insurance available, and the number of parties involved. A case with ample insurance that is of average complexity could last at least a year or two.

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The team at Laborde Earls is extremely helpful and knowledgeable. While I would recommend any team member, I would strongly urge you to speak with Mrs...

The team at Laborde Earls is extremely helpful and knowledgeable. While I would recommend any team member, I would strongly urge you to speak with Mrs. Courtney. I spoke with her multiple times, and each time she was patient and answered every question I had. She made me feel like I was the only client. Grateful for her and Laborde Earls!

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Mr. DC and Amber have always been available to answer my questions and concerns. I have never doubted that they were working on our side and have had our best interest and our well being as a priority. I would recommend them to friends and family. My case had some extenuating circumstances and they both worked diligently to help us. I am very thankful for their service and dedication to us.

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Jourdan is an outstanding paralegal! She is knowledgeable, organized, and truly cares about the clients she works with. Every interaction I’ve had with her has been positive — she takes the time to explain things clearly and makes the process much less stressful. Laborde Earles Law Firm is lucky to have someone like Jourdan on their team. I would highly recommend both Jourdan and the firm to anyone looking for trustworthy and reliable legal support.

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New Orleans

Bridgette is absolutely phenomenal! She's one of the most professional, knowledgeable, and dedicated paralegals I've ever had the pleasure of working ...

Bridgette is absolutely phenomenal! She's one of the most professional, knowledgeable, and dedicated paralegals I've ever had the pleasure of working with. Her attention to detail is unmatched.
She catches things most people would overlook, and she always makes sure every document is perfect before it leaves her hands.
Beyond her incredible skill set, Bridgette is also kind, reliable, and a true team player. She communicates clearly, stays organized under pressure, and goes above and beyond to make sure clients and attorneys alike feel supported.
You can tell she genuinely cares about her work and the people she helps.
If you're lucky enough to have Bridgette as your paralegal, you're in the best possible hands. Five stars isn't enough for someone this exceptional!

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Alexandria

Working with Laborde Earles Injury Lawyers was an incredible experience from beginning to end. Jeanne and Kaitlyn were absolutely amazing - profession...

Working with Laborde Earles Injury Lawyers was an incredible experience from beginning to end. Jeanne and Kaitlyn were absolutely amazing - professional and always on top of everything. They kept me informed throughout the entire process and made sure I understood every step along the way. My case was resolved better than expected. I can’t thank them enough.

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New Orleans

I’m so grateful for the help I received from Renee McCaslin. From start to finish, they were kind, professional, and truly cared about my situat...

I’m so grateful for the help I received from Renee McCaslin. From start to finish, they were kind, professional, and truly cared about my situation. They made everything easy to understand and handled every detail with care. I felt supported the whole way through. I highly recommend Renee McCaslin to anyone looking for a paralegal who goes above and beyond.

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Lake Charles

I am able to witness Karely Cornwell handle calls from people who are in need of Laborde Earles services. She is always polite and professional. I thi...

I am able to witness Karely Cornwell handle calls from people who are in need of Laborde Earles services. She is always polite and professional. I think it’s safe to assume that the majority of people who call in are stressed and to have someone who is calm and kind taking the call is a great representation of the company.

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Marksville

Toni is an absolute professional. She consistently goes above and beyond for her clients, ensuring every detail is handled with care and precision. He...

Toni is an absolute professional. She consistently goes above and beyond for her clients, ensuring every detail is handled with care and precision. Her communication is clear, and she truly cares about delivering results. I couldn’t recommend her more highly!

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Lake Charles

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Call a Lafayette Attorney for Help Filing a Wrongful Death Claim

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Filing a Lafayette wrongful death claim can be a time-consuming process, so it is best to get a head start on it. An experienced injury attorney could help you gather the required evidence to prove a defendant’s negligence. A lawyer could also help you recover the necessary damages. Call today to begin the process.

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