If your family member passed away due to car accident injuries, Louisiana law may allow you to hold the at-fault motorist responsible. If you qualify, you can seek compensation to cover the losses you and your family are facing. A Shreveport fatal accident lawyer from the Morris Bart law firm may be able to represent you through this process and secure a reasonable payout.
To learn more and discuss your family’s case with a member of our team, call (318) 553-5470 to reach the Morris Bart law office in Shreveport. We provide complimentary consultations and case evaluations for the survivors of accident victims.
How Our Team Can Help with a Shreveport Wrongful Death Claim
When we represent a family who has lost a loved one, we provide our services based on a contingency fee. This means we do not collect any money from our clients upfront. Instead, we receive our payment from the settlement or award we secure on their behalf through an insurance claim or court case.
When we build a case for compensation based on a wrongful death, we generally seek two types of financial recovery for our clients. This includes compensation for qualifying family members due to the loss of a loved one and damages the victim could have recovered through a personal injury claim if they had survived.
While the first type of compensation goes straight to the survivors, the second goes to the person’s estate. These funds get distributed along with any other assets they had according to their will, estate plan, and other financial documents.
For a free legal consultation with a Fatal Accident Lawyers lawyer serving Shreveport, call 800-537-8185
Understanding Louisiana Wrongful Death Statutes as They Apply to Your Loved One’s Accident
If a member of your immediate family passed away after suffering injuries in Bossier Parish or Caddo Parish, Louisiana Civil Code (CC) §2315.2 may allow you to hold the negligent driver financially responsible. The wrongful death statute provides a way for qualifying family members to take legal action against the party who caused their spouse, parent, or child to pass away.
The order in which immediate family members may qualify to file a wrongful death action and pursue compensation is as follows:
- The victim’s spouse and children get the first opportunity to seek compensation.
- If the victim was unmarried, and there were no children, the victim’s parents can file for compensation.
- If there is no surviving parent, spouse, or child, siblings can seek compensation in a wrongful death claim.
- In the absence of immediate surviving family members, grandparents or another relative may take action.
- With no known surviving family, an administrator or representative of the victim’s estate may be able to file suit.
In most cases, the same rules apply as they would if your loved one had survived their injuries. If they would have been able to file a personal injury claim, you can likely file a wrongful death action. To do so, you will need to be able to prove that the other party acted negligently and caused the accident.
Wrongful Death Statute of Limitations
There is a time limit for filing a civil suit in a Shreveport accident case, no matter if it is a personal injury suit or a wrongful death claim. Per CC §3492, most people only have one year to file the paperwork and officially begin a lawsuit against the defendant, usually the at-fault driver.
You can speak with the Morris Bart law office team in Shreveport today to learn more about the statute of limitations for your case. Call (318) 553-5470 to get started with a free initial case consultation.
Shreveport Fatal Accident Lawyers Lawyer Near Me 800-537-8185
Recoverable Damages in a Shreveport Fatal Accident Case
As we mentioned previously, two types of damages may be possible following a fatal accident in Shreveport. This includes a payout to the estate for the decedent’s damages and a payout to qualifying family members for their losses. The types of compensation we can pursue in your case will depend on the evidence available.
Damages the Victim Suffered
Recoverable damages that could benefit the decedent’s estate include the following:
- Expenses related to their treatment and medical care
- Other support and care costs
- Lost wages while they underwent treatment
- Property damages, such as car repairs
- Related, documented out-of-pocket expenses
- Pain and suffering damages they consciously experienced before they passed away
Wrongful Death Damages
Recoverable wrongful death damages depend greatly on the relationship between the decedent and the family member. For example, a spouse and children will receive different types of compensation based on their relationship with the decedent. The spouse will be eligible for a loss of consortium claim, while the child may recover for loss of parental guidance.
Some types of wrongful death damages include:
- Funeral and burial expenses
- Loss of financial support previously provided by the decedent
- Loss of services the family will now need to pay for, previously performed by the decedent
Talk to a Team Member Serving Shreveport Today for Free
A Shreveport fatal accident lawyer from the Morris Bart law firm can likely represent you in your fatal accident case if there is enough supporting evidence. You can speak with a team member from our office about your case today by calling (318) 553-5470.
The Morris Bart law firm has 16 offices that serve all areas of the Gulf South. If you lost a loved one in Louisiana, Mississippi, Alabama, or Arkansas, we are here to help. Contact us today.
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