The death of a loved one could be devastating not only emotionally, but financially. Beyond the personal anguish of this uniquely tragic event, family members often experience severe monetary hardship after a loved one on whom they are financially dependent suddenly passes away.
No one should have to experience this hardship alone. An Iberia Parish wrongful death lawyer may be able to help. You may have grounds to file a civil claim with assistance from a committed and compassionate personal injury attorney if you believe the death of a loved one was the result of another party’s negligence.
How Wrongful Death Claims Work in New Iberia
The Louisiana Civil Code §2512.2 states that a wrongful death claim may be filed when a person passes away due to the negligent actions of another person or entity. Such a claim may be considered valid when negligence or recklessness by another party is proven to be the direct cause of death.
Any accident which could have served as grounds for a personal injury suit had the deceased individual survived may also serve as grounds for a wrongful death suit if the consequences of that accident were fatal. There are still several key differences between different forms of wrongful death cases. A case involving a car crash versus one centering around premises liability may play out differently. A knowledgeable wrongful death attorney from New Iberia could help you navigate through whatever legal processes are relevant to your case.
How to File a Claim in New Iberia
The state of Louisiana grants a short statute of limitations to file a wrongful death claim. According to Louisiana state law, the estate of the deceased loved one has only a one-year prescriptive period in which to file wrongful death claims. It is essential to file any wrongful death claim in a timely manner.
Whenever a loved one passes, there may be an untold amount of financial hardship in the form of protracted medical bills prior to death, funeral expenses, and loss of wages. A tenacious Iberia Parish attorney may be able to help recover these wrongful death damages for the estate, and potentially additional compensation for interpersonal and emotional damages.
Who is Able to File a Wrongful Death Suit?
Notably, Louisiana only recognizes a few classes of survivors who may file a claim for wrongful death damages. A spouse or child takes first priority for filing a claim, followed by any surviving parent or parents. If no one in the previous categories is available to file, the surviving siblings of the deceased may file suit. The state could recognize surviving grandparent or grandparents if no other parties are available, as dictated by Louisiana Civil Code § 2315.2. An Iberia Parish wrongful death lawyer could help a person understand if they have grounds for filing a wrongful death claim.
Let an Iberia Parish Wrongful Death Attorney Help
While nothing could reverse an accident that has fatal consequences for a beloved family member, an Iberia Parish wrongful death lawyer may be able to assist you with seeking financial compensation for your loss if the death of a loved one is caused by the negligence of another.
Do not bear the financial burden of losing a loved one alone. With the help of a qualified attorney, you may be able to, at a minimum, find closure for your financial burdens after an accident that you and your family did nothing to cause. Get in touch with legal counsel as soon as you are able to explore your options.