If you lose a loved one due to a car accident, work accident, or another injury that you believe is the fault of someone else, you may be eligible for compensation.
When Can You Seek Compensation for the Death of a Loved One?
Losing a family member is difficult and agonizing for their loved ones. After the sudden death of a loved one, many families will want to seek justice when they believe their death was preventable. A wrongful death happens when someone loses their life in an accident or due to an injury that occurs because of negligence or intentional actions of another individual or party.
Not all deaths are wrongful deaths, but if there is evidence your loved one died because of the actions or inactions of another party you may be eligible for compensation under the law. Wrongful death laws allow for certain family members to pursue damages from the party responsible for the death of their loved one.
For a free legal consultation with a Wrongful Death lawyer serving Terrytown, call 800-537-8185
Who Can File a Wrongful Death Claim or Lawsuit for the Death of a Family Member?
Under Louisiana’s wrongful death statute there is an order for family members to claim damages for the wrongful death of a victim. Your eligibility to seek compensation for the losses related to your loved one’s death will depend on your relationship with the deceased victim, as well as any other family members that may have eligibility to take legal action for the loved one’s death.
Under the law, the following parties can bring forward a wrongful death case:
- The spouse and/or children of the loved one
- If the loved one has no surviving spouse or children, then the parents of the deceased
- If there are no surviving spouses, children, or parents, the siblings of the deceased can bring suit
- If there is no spouse, children, parents, or siblings of the deceased, any surviving grandparent can bring forth a wrongful death claim on their behalf
How a Terrytown Wrongful Death Attorney Can Help You
You may have reservations about pursuing a wrongful death action and the best way for you to get the answers you need, and a better understanding of your case, is with the help of a Terrytown wrongful death attorney.
A wrongful death attorney can help you by explaining your rights and the laws that apply to wrongful death situations. Your attorney can evaluate your case to consider your likelihood of a successful resolution and who may be liable for your loved one’s death.
Once you hire a lawyer for your case, your attorney will be in charge of building your case and communicating with insurance companies and other parties regarding all matters of proving fault and damages for your losses. Your attorney will not only make sure to protect your rights, but they will also fight for the losses you deserve following the needless death of your family member.
How to Prove Another Party Is At Fault for the Death of Your Loved One
It is one thing to know that your family member died because of someone else’s fault and another to be able to prove it to an insurer or court of law. To show you are eligible for wrongful death compensation, you must show that the party you believe is to blame meets the elements of a wrongful death case.
Elements in a wrongful death case must include evidence of:
- A duty of care that a defendant owed to the deceased prior to their death
- That the defendant breached their duty of care to the deceased through their actions or inactions
- The defendant’s breach of their duty of care was, in turn, the cause of your loved one’s injuries or death
Damages Available to the Family in a Wrongful Death Case
The compensation you can seek for your losses after the death of a loved one depends on the circumstances leading up to their death as well as the impact their death has and will have on your life and future. You can seek both monetary and non-monetary losses in a Terrytown wrongful death case.
Damages in a wrongful death case in Louisiana can include:
- Expenses and costs for the funeral and burial arrangements for your loved one
- Any medical bills for the care of injuries of your loved one after an accident and before their death
- The loss of income of your loved one and any benefits you may have been eligible for had it not been for their death
- The household support and the contribution your loved one would have provided to your family
- Your pain and suffering because of the loss of your loved one
- The loss of companionship and relationship with your loved one in your life
The Statutory Time Limit on Cases Seeking Compensation for Wrongful Death in Terrytown
In each state, there are statutes of limitations that specify what time limit and restrictions a plaintiff might have in filing actions for certain cases. In a wrongful death case in Terrytown, the surviving family has only one year from the date of their loved one’s death to file a legal action in court for damages. If a family fails to file suit within this time period, they will likely be unable to pursue compensation against the parties at fault even if they have the evidence to support the claim.
One year is not a long time. If you have lost a family member due to the actions of another person or entity, you must act quickly to protect your rights and seek justice on their behalf.
Contact a Terrytown Wrongful Death Attorney for a Free Consultation
Wrongful death lawyers can provide you with a free case evaluation to discuss the events leading up to the death of your loved one and whether you may be eligible for compensation under the law. Call a Terrytown wrongful death attorney to set up an appointment where you can discuss if they can help you in your wrongful death case.
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