Wrongful Death Lawyer in Hammond

Losing a family member in a fatal accident that may have been avoidable can make you feel like your world is ending. Things may be challenging for you and your loved ones as you cope with your loss. But remember, if someone else may be liable for your loss, you have access to legal help. Talk with a wrongful death lawyer in Hammond, and they can explain your legal options.

At Scott Vicknair Injury Lawyers, we empathize with those who have lost a family member due to someone else’s negligence. Our team has 121 years of combined legal experience. We are ready to use what we know to help you with your wrongful death case. If you want to discuss your case with a personal injury lawyer in Hammond, we are here for you. Contact us today.

How a Wrongful Death Lawyer in Hammond May Benefit You and Your Family

You may not want to think about filing a claim on behalf of a deceased family member. However, how you respond to your loved one’s wrongful death may have far-reaching implications. If you have a wrongful death attorney in Hammond on your side, you may get the help that you need to recover compensation from anyone who may have contributed to your loss.

Initially, your attorney can provide you with insights into what to do after a wrongful death. They can evaluate your eligibility for a wrongful death claim and, if warranted, help you file one. From here, your lawyer may engage in settlement negotiations with the insurance company of a liable party. If a settlement is reached, you may get compensation that benefits your family for years.

The team at Scott Vicknair Injury Lawyers can give you information about the common causes of wrongful death accidents and other topics that may relate to your situation. If you are interested in filing a wrongful death claim, we are ready to help you in any way possible. For more information, schedule a free case consultation.

When to File a Wrongful Death Lawsuit

Your Hammond wrongful death lawyer may advise you to file a lawsuit following the loss of a loved one in a car accident, slip and fall accident, or other incident that may have occurred due to another party’s negligence. They may conduct an investigation to analyze your loss. If you have grounds for a lawsuit, your attorney may help you sue in alignment with Louisiana law.

Per Louisiana Civil Code Article 2315.2, the statute of limitations for most wrongful death lawsuits is one year from the date of death. Based on this, if you lose a family member in a fatal accident and want to sue any liable parties, you may have one year to do so. If this window closes, you may lose the right to file a wrongful death lawsuit.

Wrongful death lawyers may encourage you to file your lawsuit promptly. They can describe how long a wrongful death in Louisiana may take. Depending on the circumstances of your case, your lawyer may be able to negotiate a settlement with the defendant. Or, if no agreement is reached, your attorney can argue your case in court.

Who Can File a Lawsuit for a Wrongful Death

According to Louisiana Civil Code Article 2315.2, certain surviving family members of a deceased person (decedent) may be eligible to file a wrongful death lawsuit. Below is a list of a deceased person’s surviving family members who may be able to sue in order of priority:

• Spouse and/or children
• Parents
• Siblings
• Grandparents

Typically, if a family member in a higher category exists, a person in a lower category may not be able to file a wrongful death lawsuit. If none of the family members listed above survive the decedent, an estate representative may be eligible to bring legal action against any parties that may have contributed to their wrongful death.

Compensation That You Could Receive in a Wrongful Death Lawsuit

The compensatory damages that you could receive in a wrongful death lawsuit may be based on the tangible and intangible losses that you incur due to your family member’s death. Some of the economic and non-economic damages that courts may award in wrongful death cases include:

• The decedent’s medical expenses prior to their death
• Lost income and benefits
• Burial and funeral expenses
• Pain and suffering that the decedent may have experienced before they passed

Per Louisiana Civil Code Article 2323, modified comparative negligence can dictate your damages. If you file a wrongful death lawsuit and the court finds that your family member may have been 1-50% liable for their death, your damages may be reduced by their percentage of fault. Alternatively, if your loved one was 51% or more liable, you may not get damages.

How to Prove Negligence in a Wrongful Death Lawsuit

Your attorney may prioritize negligence as they prepare your case for trial. In their argument, your lawyer wants a judge or jury to see that the defendant committed an act of carelessness or recklessness, which may have contributed to your loved one’s death.

To show negligence, your lawyer may argue that a duty of care was violated. Since the defendant chose not to take reasonable measures to protect others from harm, they may have caused your loved one’s death, and they may be responsible for your losses.

Your lawyer may utilize medical records, accident scene photos and videos, witness statements, police reports, and other forms of evidence to strengthen their argument. If your attorney has a large collection of relevant proof, they may be well-equipped to help you get a favorable ruling.

There are No Fees Unless We Get Compensation for You in Your Wrongful Death Case

Allow a Hammond wrongful death attorney from Scott Vicknair Injury Lawyers to handle your insurance claim or lawsuit.

If you choose us, you don’t have to pay us anything unless we secure compensation for you. Give us the opportunity to represent and advocate for you in your wrongful death case. To learn more, request a free case consultation.