Sadly, a family member dies in a truck accident. You and your loved ones are devastated by this tragic loss. During this challenging time, it may be beneficial to meet with a fatal truck accident lawyer in Hammond.
Ultimately, your attorney can’t change the past. However, if someone else may be liable for your loss, your lawyer may help you hold them accountable for their actions.
At Scott Vicknair Injury Lawyers, we empathize with those who have lost a family member in a fatal truck accident. Our team has 121 years of combined legal experience. We can use what we know to help you with a wrongful death claim or lawsuit. Discuss your case with a truck accident lawyer in Hammond from our team.
Reasons to File a Fatal Truck Accident Claim in Hammond
A fatal truck accident may impact you and your family financially. While you cope with the financial ramifications of your loved one’s loss, remember, legal guidance and support are available.
Because if you have a fatal truck accident attorney in Hammond on your side, you may be able to pursue compensation on behalf of your late family member.
Your personal injury lawyer in Hammond values care and compassion. They can learn about your loved one’s fatal truck accident, and they may investigate the incident to determine who may be liable. From here, your lawyer may encourage you to file a claim in which you seek compensation from the liable party’s insurance company.
Scott Vicknair Injury Lawyers provides FAQs and resources to those who are debating whether to file a wrongful death claim in the aftermath of a fatal truck accident.
We can explain your legal options and, if warranted, represent and advocate for you throughout the claims process. For more information, request a free case review.
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(504) 500-1111How a Fatal Truck Accident Claim Works
Wrongful death claims for fatal truck accidents can be complicated. You may feel emotionally taxed as you file your claim. Unfortunately, an insurance company may try to capitalize on this situation by offering you a lowball settlement or disputing your claim in the hopes that you give up on it.
Your Hammond fatal truck accident lawyer can handle your claim and keep you updated about insurance settlement negotiations.
They can give you information about how much most truck accident settlements are in Louisiana and other topics specific to your situation. If you don’t get a reasonable settlement offer, your attorney may advise you to sue for damages.
According to Louisiana Civil Code Article 2315.2, in most instances, you have up to one year from the date of a person’s death to file a wrongful death lawsuit. Thus, you may have a maximum of one year from the day of your loved one’s fatal truck accident to sue any responsible parties.
What Can Happen in a Fatal Truck Crash Lawsuit
Filing a lawsuit may initiate settlement negotiations with a party that may be liable for your family member’s fatal truck crash. Ideally, the defendant offers a settlement that encompasses your tangible and intangible losses, allowing you to resolve your case without a trial.
Settlement negotiations may continue until your trial date. In the meantime, your attorney may prepare your wrongful death case as if it will reach trial. As part of their efforts, your lawyer may gather a truck’s electronic logging device (ELD) data, witness statements, and other evidence to strengthen their argument.
If your case requires a trial, your lawyer will stand up for you in court. They may argue that the defendant was negligent and present evidence to the court.
On top of that, they may contest the defendant’s claims. If a judge or jury reviews your case and finds that the defendant acted negligently, you may recover damages.
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(504) 500-1111Compensatory Damages That You Could Get in Your Fatal Truck Collision Lawsuit
Your wrongful death attorney may help you recover economic and non-economic damages, which may depend on the losses associated with your loved one’s death. Some of the damages that you could receive include:
- Medical bills for truck collision injuries prior to your loved one’s death
- Income losses based on your loved one’s death
- Burial and funeral expenses
- Pain and suffering that your loved one may have experienced before their death
To obtain these and other damages, your lawyer may focus their argument on negligence. Your attorney may detail to a judge or jury that the defendant committed a careless or reckless act, such as driving while distracted or speeding. They can also describe how this act may have contributed to your loved one’s fatal truck accident.
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(504) 500-1111Who Can File a Fatal Truck Accident Lawsuit
Louisiana Civil Code Article 2315.2 defines the eligibility requirements for wrongful death lawsuits. Statewide, there is a priority list of surviving family members of a deceased person (decedent) who may be eligible to sue someone for a wrongful death. Here is the list of family members who may be able to file a fatal truck accident lawsuit in order of priority:
- Surviving Spouse and Children: They have top priority and may file a wrongful death lawsuit jointly or separately.
- Surviving Parents: If a decedent doesn’t have a surviving spouse or children, their parents may file a wrongful death lawsuit.
- Surviving Siblings: If there’s no surviving spouse, children, or parents, the decedent’s siblings may sue.
- Surviving Grandparents: If none of the above parties survive the decedent, the deceased’s grandparents may sue.
- Personal Representative: If the decedent does not have any surviving family members, a court-appointed personal representative (executor) may file a wrongful death lawsuit.
Your wrongful death lawyer can answer any questions that you may have about the eligibility requirements for filing a fatal truck accident lawsuit. If you meet these requirements, they may help you calculate your losses and file your lawsuit in alignment with Louisiana law.
Our Hammond Fatal Truck Accident Lawyer Will Take Your Case on Contingency
Let a Hammond fatal truck accident attorney from Scott Vicknair Injury Lawyers help you with your case. We work on a contingency-fee basis, and you do not have to pay us any fees unless we secure compensation for you.
To find out more, schedule a free case review.
