An unforeseen death in the family causes enormous stress. Aside from emotional loss, an unexpected death can cause financial hardship. If your loved one’s death was caused by someone else’s negligence, your family may initiate a wrongful death lawsuit to help deal with financial hardship.
A Lake Charles wrongful death attorney from Morris Bart, LLC can help you establish negligence, negotiate a suitable settlement, and represent you in court. Seek justice for your loved one’s wrongful death with the help of our compassionate lawyers.
What Is Considered a Wrongful Death Case?
A wrongful death case is separate from criminal charges a negligent party may face for causing your loved one’s death. Wrongful death, similar to a personal injury case, may originate from a wide variety of events, such as:
- Car accidents
- Trip or slip and fall accidents
- Premises liability
- Product liability
- Medical malpractice
- Nursing home abuse or neglect
- Maritime accidents
If you are still unsure if your case qualifies for a wrongful death lawsuit, our wrongful death attorneys in Lake Charles can advise you. We can assist you in your pursuit of justice for your loved one’s wrongful death.
For a free legal consultation with a Wrongful Death lawyer serving Lake Charles, call (337) 377-0514
Compensation Offered by Your Wrongful Death Claim
A wrongful death claim can allow your family to recover compensation related to your loved one’s untimely passing. You may be eligible for economic damages. These damages represent financial losses and are precisely calculated. Examples include:
- Your loved one’s accident-related medical costs
- Your loved one’s income
- Funeral and burial expenses
Losses without a specific monetary value may also be recovered as non-economic damages. Examples include loss of companionship and mental anguish. The amount you can get for these is something your lawyer negotiates with the courts and insurers.
Who May File a Wrongful Death Claim in Louisiana?
Under Louisiana Civil Code (CC) Article 2315.2, only relatives may file a wrongful death lawsuit. Family members must be related by blood, adoption, or marriage. You may be eligible to file a wrongful death claim if:
- You are the decedent’s surviving spouse
- You lost an unmarried child
- You lost an unmarried sibling and do not have living parents
- You lost an unmarried grandchild with no surviving parents or siblings
How Long do You Have to File a Wrongful Death Lawsuit in Louisiana?
You have a short window of time to file your wrongful death claim in Lake Charles. In Louisiana, the statute of limitations is just one year. You must initiate your lawsuit before the one year anniversary of your loved one’s death to seek damages.
How a Lake Charles Wrongful Death Lawyer Can Prove Fault
When you work with our wrongful death lawyers in Lake Charles, our main task is to prove fault in the case so that you can get compensation. Wrongful death lawsuits must demonstrate:
- Another party acted negligently
- This negligence led to an accident
- Your loved one died as a result
Your lawyer will gather evidence to support your claim to help you establish the negligent party’s liability. If the evidence supports one, we can file a wrongful death lawsuit and negotiate for a fair settlement. If necessary, we can take your wrongful death case to court to protect your rights.
What If Your Loved One Was Partially at Fault?
Under some circumstances, the descendant of a wrongful death case may be partially to blame for the accident. For example, if your loved one was killed in a car crash, they may be assigned a portion of fault for causing the collision. If this is the case, you may still be allowed to recover damages.
Louisiana uses the comparative fault rule. If an accident victim contributed to the event that caused their injury, the financial compensation they receive can be reduced. If the negligent party is 75% responsible and your loved one is 25% at fault, your settlement will be reduced by 25%.
Since comparative fault can reduce your compensation, establishing negligence is extremely important. A settlement that doesn’t cover your loved one’s final medical bills and funeral expenses can put your family into debt. Our lawyers are experienced negotiators and will fight for the full settlement you deserve.
Will I Have to Go to Trial for My Wrongful Death Case?
Most wrongful death claims go to an insurer and do not reach a courtroom. Unlike a personal injury case, an insurer can’t deny the death and most are willing to settle quickly. However, sometimes an insurer may hold out.
If we do have to go to trial, we will do our best to keep our interference with your grief to a minimum. It is unlikely you will have to appear in court yourself. Instead, your wrongful death lawyer in Lake Charles will act as your representative.
Emotional Support During a Wrongful Death Case
A normal death is hard enough, but suffering through a wrongful death situation is worse. A skilled wrongful death lawyer will allow you space to grieve while also keeping your case in motion through the Louisiana courts.
If you need emotional support during this time, we can recommend counselors and therapists outside our firm to help you deal with the grief. No amount of money can bring back your loved one, but a strong compensation settlement can prevent adding financial insult to emotional injury.
Get Guidance from a Wrongful Death Attorney in Lake Charles
A wrongful death can cause you to feel frustrated or angry, but you don’t have to handle this alone. A wrongful death lawyer in Lake Charles from Morris Bart, LLC can help you every step of the way. Let us manage your family’s legal proceedings during this difficult time.
Questions?Call (337) 377-0514
to find a Morris Bart office near you.