Lafayette Wrongful Death Lawyer

Lafayette Wrongful Death Attorney

An unexpected death can cause serious financial consequences for a family, especially when the victim provided income for the family. It might be an uncomfortable topic to think about, but it’s important to develop a plan for how the expenses associated with the funeral, the loss of income, and other bills will be covered. One way to cover these costs is to work with a Lafayette wrongful death lawyer and file a wrongful death claim.

We Care About Our Clients

At the Cox Law Firm, we treat every client like they’re family. Some of our clients have referred other friends and family members to our firm because of their positive experiences with our dedicated personal injury attorneys. We have served clients from all across South Louisiana and have worked hard to earn the trust of our local community. If you’re looking for attorneys who offer the personalized touch of a small firm with the experience of a big one, contact the Cox Law Firm.

How Might I Benefit From a Wrongful Death Claim?

A wrongful death claim in Lafayette is meant to cover the tremendous costs of losing a loved one. No amount of money can truly compensate for this, but the awarded compensation can at least help the family cover funeral and medical expenses while providing some kind of remuneration for the loss of the individual who died. Even if the individual did not die immediately but later succumbed to the injuries associated with the accident, then their family might be eligible for a claim.

Many different parties or individuals might be held liable in a wrongful death claim. It could be a single person, a company, or an organization that is considered at fault. Many of these claims include severe injuries that the victim could have recovered damages for in a personal injury claim, had they survived.

However, wrongful death claims have a high burden of proof. For a family to prove that someone was a victim of wrongful death, they must prove that the individual died as a result of negligence from another party. This party must have had some kind of obligation to the victim to keep them safe and failed to deliver on this promise. The family must also prove that they were financially impacted by the victim’s death.

Due to the strict requirements of wrongful death claims, it is a good idea to consult an attorney before filing a claim. They can determine if you have a valid case, estimate how much you might be entitled to, and provide other details on your case, like a time limit or other regulations that you must adhere to. Just because a loved one died does not necessarily mean that you can file a wrongful death claim on their behalf.

Am I Eligible to File a Wrongful Death Claim?

Not everyone can file a wrongful death claim. Louisiana has restrictions on who can file claims based on the victim’s family composition. If they had a spouse or children, then those individuals are most likely to be eligible to file a claim. Other family members, like parents and siblings, might be eligible only if the victim was unmarried with no children.

In extreme circumstances, grandparents might be able to file a claim on behalf of the late victim, but this is rare. However, individuals related by adoption qualify under these requirements. For example, if the late victim had adopted children, then these children would be just as eligible to file a wrongful death claim as biological children would be.

There are also unique exceptions that limit who can file a claim. To verify who might be able to file a claim in a particular situation, consult an attorney. They can provide detailed advice on eligibility, the claims process, and the required timeline.

Common Causes of Wrongful Death

Several types of incidents and industries can give rise to a wrongful death claim. Some of these include:

Vehicle Accidents

Some of the most common instances of wrongful death include car accidents. These situations happen all the time, but they are more likely to occur when drugs, alcohol, and/or speeding are involved. Collisions with 18-wheelers and motorcycles are also more likely to result in fatalities due to their physical nature. In all these scenarios, a wrongful death claim might be appropriate to file against the driver, vehicle manufacturer, and/or a driver’s employer.

The Energy Industry

Louisiana is home to many jobs in the energy field, including oil and gas. These types of jobs are often hazardous and can result in extreme injuries and even death. In these instances, many individuals lose their lives to exposure to toxic chemicals, explosions, and other accidents. Some of these accidents might be due to the company not properly maintaining equipment, which might lead to a wrongful death case.

Maritime Work

Individuals who qualify as maritime employees might be entitled to different levels of compensation than other employees. Maritime employees are qualified under the Jones Act, which entitles them to different benefits if they are injured or killed while working. If your family member was a victim of wrongful death as a maritime employee, make sure to discuss your case with an attorney who is experienced in maritime law.

Animal Attacks

While it might seem unlikely, attacks from dogs and other large animals also constitute wrongful death. It’s easy to think of these events as accidents but if the animal was owned by an individual who did not take the necessary steps to restrain their animal, the owner could be held liable for a wrongful death claim if their animal killed an individual.

Catastrophic Incidents

One of the most unfortunate examples of wrongful death includes situations with catastrophic injuries. These injuries include things that are extremely gruesome and traumatic for a victim and their family to experience. If an individual died due to a catastrophic injury, it might be possible to recover additional damages to compensate for the additional grief that such a serious injury might cause a family.

Why Do I Need an Attorney?

Wrongful death claims are not the type of legal claim you want to take on yourself. Due to the large damage amounts, insurance companies and courts typically require a lot of evidence to prove that another party was directly responsible for your loved one’s injuries. It can also be difficult in some situations to even determine who was at fault. There are often so many different parties involved that it can be hard to evaluate the true scope of liability.

This is where an attorney comes in. They can help figure out who is at fault, what evidence might be needed to file a claim, and how much your family might be entitled to. They can also do the more difficult tasks, like gathering evidence and negotiating with other parties to potentially reach an agreement before a case even reaches a courtroom. An attorney is a necessary partner to have when filing a wrongful death claim.

FAQs for Wrongful Death Lawyers

Q: Who Can Sue for Wrongful Death in Louisiana?

A: Who can sue for wrongful death in Louisiana depends on the type of family the victim had before their death. If they had children or a spouse, then those individuals are eligible to file a claim upon their death. If they were unmarried and had no children, then their parents, siblings, or even grandparents might file in that order. The details of wrongful death claims can be difficult to get right, so contact a wrongful death attorney for more information.

Q: What Is the Difference Between Wrongful Death and Negligence?

A: The difference between wrongful death and negligence is that one is an action, while the other is a consequence. Negligence is any action that breaches someone’s duty to care for someone else, including distracted driving or medical malpractice. If someone is negligent, this can lead to injuries that could cause wrongful death in extreme cases. In most wrongful death cases, victims and their families must prove that the other party was negligent.

Q: When Should I Contact a Lawyer for My Wrongful Death Case?

A: You should contact a lawyer for a wrongful death case as soon as possible. The earlier you contact an attorney, the more they might be able to help your case. There are strict time limits for how long you have to file a claim, so it is prudent to get an attorney involved quickly to make sure you do not miss out on available compensation. An attorney can also assist with gathering evidence and filing relevant paperwork with the court.

Q: How Long Does a Wrongful Death Case Take?

A: A wrongful death case can take anywhere from several years to several months. If a case is resolved out of court, then it could require less time than one that must be ruled on by a judge or jury. A court case usually extends the duration of a wrongful death case. An attorney can provide a more detailed estimate of how long a wrongful death case might last. They can also inform you of any other requirements needed for a successful claim.

Recover as Much as Possible

Working with an attorney can help your case be taken seriously by an insurance company. Once a lawyer is contacted, an insurance company knows that they cannot violate your rights by offering low settlement amounts or denying your claim. The Cox Law Firm knows how to make the process go more smoothly, requiring less effort from you while your family attempts to recover from such a serious loss. Contact us today for help with a wrongful death claim.