Cameron Wrongful Death Lawyer

Cameron Wrongful Death Attorney

Losing someone you love can be even more difficult when it should have been preventable. If another party’s recklessness or carelessness caused your loved one’s death, you can hold them legally and financially responsible. Managing such a case can seem like excess legal issues after their passing, so it can help to find an experienced Cameron wrongful death lawyer. A claim can help your family retain some financial stability and provide some closure.

The Cox Law Firm: Dedicated Wrongful Death Attorneys

Wrongful death claims allow you to hold the individual or entity responsible for your loved one’s death accountable for their actions. Unfortunately, these cases are not always easy to navigate. The Cox Law Firm provides you with diligent and compassionate representation, helping you efficiently recover your losses.

It is crucial that your legal support understands the specific requirements of wrongful death claims, including what compensation you are owed. At the Cox Law Firm, we have more than 135 years of combined experience supporting individuals and families following serious and fatal injuries. We navigate your case so that you can stress less and take the time you need to be with your family.

Understanding Wrongful Death Claims

Wrongful death claims can be filed by specific, close family members in Cameron, Louisiana, such as a surviving spouse or children. In order to have a successful case, the following must be proven:

1. Duty: The deceased was owed a duty of care by the individual or entity
2. Breach: The individual or entity failed to uphold that duty of care, typically by negligent action
3. Causation: The breach of care led to the accident that caused injury and death of the deceased
4. Damages: The surviving family suffered recognized financial losses from the death

If all these elements are proven, then the individual or entity can be held liable. The at-fault party may be a property owner, medical provider, employer, or manufacturer. In some cases, the party to blame for a person’s death is held strictly liable, so their negligence isn’t a required element.

If you believe your loved one died because of someone’s negligence or misconduct, it’s important to discuss the situation with an attorney. Not every death has a viable wrongful death claim, and an attorney can determine if there is evidence of a potential case.

What Damages Can You Recover in a Wrongful Death Case?

If you have the grounds to file a wrongful death case, then you could potentially recover the entirety of any financial and personal damages you sustained. Because a claim is entirely reliant on the damages you suffered, each is unique. An attorney can review your circumstances to determine what fair compensation would be for your losses.

A wrongful death claim may be able to recover economic and noneconomic losses. Economic damages are financial losses, such as:

• Funeral costs
• Burial or cremation costs
• Medical bills from prior to the individual’s death
• Lost wages
• Lost future income
• Property damages
• Loss of inheritance
• Loss of benefits

Noneconomic damages, such as emotional and psychological losses, and their value is less straightforward. This includes losses like:

• Mental or physical suffering prior to the individual’s death
• Loss of enjoyment of life
• Loss of consortium, companionship, and society

Most claims only result in these compensatory damages. Some unique cases may also result in punitive damages, called exemplary damages in Louisiana.

What Are Common Causes of Wrongful Death Claims?

Wrongful death claims can result from any of the same causes as personal injury claims. They can be filed whether the accident causes immediate death or the individual later dies from complications. There are certain accidents that are more likely to cause these serious injuries than others. Some causes of wrongful death cases include:

• Motor vehicle accidents, especially those involving commercial trucks, pedestrians, motorcyclists, and bicyclists
• Workplace accidents, especially those in dangerous work sites like industrial plants, factories, and offshore rigs or ships
• Animal bites and attacks, particularly when the individual is a child or otherwise vulnerable
• Medical malpractice and negligence
• Chemical exposure
• Dangerous and defective products
• Construction accidents
• Property hazards and dangerous premises
• Violent crime

There are many other ways that someone’s negligence can lead to a person’s death and be grounds for a wrongful death claim.

FAQs

Who Can Sue for Wrongful Death in Louisiana?

Surviving family members can sue for wrongful death in Louisiana, including:

1. The deceased’s surviving spouse, child, and/or child of deceased children
2. The surviving parents
3. The surviving siblings
4. The surviving grandparents

This is the order in which family members have a right to recover losses, meaning one or all siblings only have the right to file a claim if there is no surviving spouse, child, or parent of the deceased. These relationships include those by blood, marriage, and adoption.

Is There a Cap on Wrongful Death in Louisiana?

Not all wrongful death cases have a cap in Louisiana, but medical malpractice cases do. For actions against a medical provider for a patient’s death, damages are capped at a certain amount. This cap also applies to personal injury medical malpractice claims, and the cap does not include the value of future medical care needs. Medical malpractice claims are incredibly complex and can have immense financial losses on top of personal and emotional harm.

What Is the Difference Between Wrongful Death and Negligence?

The main difference between wrongful death and negligence is that negligence is often an element of a wrongful death claim. While not all wrongful death claims occur because of negligent actions, it is a common basis. The negligence of a party, such as a medical provider, a driver, a dog owner, or a product manufacturer, can lead to someone’s injury. If these injuries result in death, then the surviving family can file a wrongful death action.

What Is Wrongful Death Action in Law?

A wrongful death action in law is when the surviving family of a deceased individual files a claim against a person or entity for causing that death through negligence, malice, or misconduct. A wrongful death claim is a type of personal injury claim. This action can recover a family’s losses, such as loss of financial support, loss of companionship, and funeral costs.

Finding the Right Attorney in Cameron

Financial compensation can never make up for the loss of a loved one. However, it may help you find closure, hold the at-fault party responsible, and provide your family with financial stability at a time when you need to grieve. At the Cox Law Firm, we want to help. Contact our firm today.