Losing a loved one is always difficult. When a member of your family dies due to the negligent or illegal actions of another person, it is especially hard to take. You have a lot of questions, and you might even be a little angry. That’s understandable. You and your family deserve justice.
While it can never replace your lost loved one, you have the option to pursue civil action and hold the liable party accountable. A LaPlace wrongful death lawyer can explain your rights and help you and your family get the compensation you deserve.
At Scott Vicknair Injury Lawyers, we know how to Fight for the Win. Our LaPlace personal injury lawyers have recovered over $100 million for injured accident victims and their families. Contact us today to schedule a free consultation and tell us what happened.
What Is a Wrongful Death?
In Louisiana, a wrongful death occurs because of the fault of another person. This could mean that the at-fault party was negligent in their duty of care to another person, such as in a commercial truck accident case.
Alternatively, it could involve a situation in which someone engaged in illegal behavior and caused death, such as in an assault. The assailant will face criminal prosecution, but you can also bring a civil lawsuit over the same incident.
Proving wrongful death is similar to proving fault in a personal injury case. Personal injury cases can turn into wrongful death cases when a victim dies because of their injuries. Your LaPlace wrongful death attorney will investigate the circumstances and determine who was at fault.
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(504) 500-1111Do You Need a Lawyer for a Wrongful Death Claim?
It isn’t easy to handle a personal injury case on your own, and wrongful death cases are especially complicated. The help of a skilled attorney can ensure you understand the law, follow correct procedure, and avoid making mistakes that can harm your case.
While every case is different, some of the ways our lawyers may be able to help include:
Case Management
We’ll help you understand your rights under the law and choose the best way to pursue justice. We can file claims, handle paperwork, communicate with insurance companies, and make sure you meet deadlines and other requirements that keep your case in good standing.
Affordable Representation
We work on a contingency fee basis, which means we take our costs and fees from your final award and settlement. We don’t get paid unless we win. That means our services are affordable, and you’ll have quality legal representation to take on insurance companies.
Professional Investigation
We’ll investigate the incident that led to the death of your loved one to find out what happened and who is responsible. We want to know who is liable for the death of your loved one so we can devise a strategy for getting you the compensation you deserve.
Proving Causation
We’ll work to show a link between the wrongful actions of the liable party and the death of your loved one. We may rely on medical records, expert testimony, or related cases to prove the necessary elements of a wrongful death case.
Damage Assessment
Common damages in a wrongful death case include funeral and burial costs, medical expenses accrued before death, and lost wages, as well as non-economic damages such as loss of companionship and emotional distress. We’ll work to ensure you get everything you deserve.
Insurance Company Negotiations
We may negotiate with insurance companies for a fair settlement that covers your damages. While money doesn’t make up for the loss of your loved one, unfortunately, it is our only means of restitution. We’ll work for a maximum settlement that reflects your hardships.
Civil Litigation
If necessary, we will file a civil lawsuit on your behalf and fight for your damages in court. This opens up the possibility of receiving punitive damages. While rare, they are awarded in cases where the defendant has acted with significant negligence or recklessness.
Common Causes of Wrongful Death
A wrongful death can happen in almost any way imaginable, so long as it occurred due to the actions of another person. Some of the most common causes of wrongful death we see include:
- Car accidents
- Commercial truck accidents
- Slip-and-fall accidents
- Premises liability incidents
- Assaults or criminal activity
- Pedestrian accidents
- Defective products
- Motorcycle accidents
If you aren’t sure if you have a wrongful death claim, our LaPlace wrongful death attorney can review your case. Consultations are free, so there is no risk to making the call and discussing your case.
Who Can File a Wrongful Death Claim in LaPlace?
If you intend to bring a civil lawsuit over a wrongful death, speak with our wrongful death lawyers in LaPlace first. Only specific family members are permitted to initiate legal action for wrongful death, as per Louisiana Civil Code Tit. 5 Art. 2315.2. They are, in order:
- The surviving spouse or child of the deceased
- If there is no spouse or surviving children, the surviving mother or father of the deceased may bring suit
- If there is no spouse, child, mother, or father still living, surviving brothers or sisters may bring suit
- If there are no surviving brothers or sisters, children, spouse, mother, or father, the grandfathers and grandmothers may bring suit
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(504) 500-1111Get Help From a LaPlace Wrongful Death Attorney
We all have to deal with the pain of losing a loved one at some point. It’s part of life, and there is no way around it. However, it’s not acceptable when the people we care about are taken from us too soon because of the actions of another person. When that happens, you deserve answers.
While we understand that no amount of money can make up for the loss of your beloved family member, we believe we can make a difference in a small way. Our LaPlace wrongful death attorneys can help you seek justice and recover compensation for your damages.
Our team at Scott Vicknair Injury Lawyers has over 121 years of combined legal experience, advocating for the rights of injured victims. We put our clients’ interests first. Contact us today and schedule a free consultation to discuss your case.