Need an Injury Lawyer for a Louisiana Wrongful Death Accident?
If you have experienced a car accident, you know that it can lead to devastating results. So, what do you do when a loved one has been involved in a traffic accident and has been killed due to the negligence of another driver? Nobody ever expects this terrible event to take place but, every year in Louisiana, lives are taken because of drivers who use the roads recklessly or fail to pay attention to what is happening around them. If your loved one has been killed in an accident, you may think you are out of options, but this is not necessarily true – and we can help.
Protecting Rights in a Wrongful Death From the Very Beginning
When your loved one has been killed, you may not have much on your mind aside from the stress of losing them and planning a funeral you would have never expected. However, one thing to think about is that you want to protect your rights as well as your loved ones, as they would have wanted for you. This is why you must always work to preserve the case from the very beginning. Here are some things to remember:
- Every state has different laws when it comes to the statute of limitations. In Louisiana, the laws state that you must file a wrongful death claim within one year of your loved one’s death, starting from the day of their death. This means, if they have spent time in the hospital after their accident, the clock does not start ticking on your case until they have passed away from their injuries.
- You want to secure all records regarding the accident so that nothing important will be lost, such as witness statements and more.
- If there was a police investigation, it also helps to have this information. If the police have placed fault on a specific party, you could find that this information can make or break your case and help state your position on the matter.
Who Can File?
There are multiple people who can bring a wrongful death claim. You may have assumed that only the spouse of an adult or the parents of a child can bring the claim, but this is not the case. Many people who have had a meaningful, close relationship with a decedent may have the ability to bring a claim. These include the surviving spouse, children, personal representatives, domestic partners, and more. However, in some states, it is the law that only a personal representative of a deceased is able to bring a claim. If there are damages recovered, a special account will be used to split money accordingly to loved ones.
Damages in a Wrongful Death Case
It’s difficult, some may see even impossible, to pin a number on a loved one’s passing. However, there are some damages that you may be entitled to based on the circumstances. Some of these matters include medical bills that have accumulated before the death, burial expenses, lost wages due to the loved one’s loss of income, emotional suffering by the family, and punitive damages intended to punish a negligent party for their reckless actions. This is especially true in cases where a driver has chosen to drive drunk or has outright disobeyed the rules of the road.
When a child has been lost in an accident, it may be more difficult (but not impossible) to bring a claim on their behalf. This is due to the fact that financial loss and many other matters may not be easy to assess. However, financial losses can be dictated by determining the child’s life and work expectancy, state of health, relationship with others, and more.
When you have lost a loved one in a wrongful death accident, you may have experienced devastating losses that have taken an emotional and financial toll on your entire family. As a result, you may be feeling helpless about where to turn. Luckily, you are not alone. In your Louisiana wrongful death claim, you have an attorney who will help fight for the rights of your loved one and your entire family. Turn to us in your time of need.