Jennings Wrongful Death Lawyer

It is never easy to lose a loved one, and it can be overwhelming to deal with the legal and financial matters after their passing. When someone else was to blame for your loved one’s death, you may have the option to recover some financial losses through a wrongful death claim. This can feel like one extra step on top of everything you are already navigating. However, it can be helpful to have a Jennings wrongful death lawyer by your side to make filing a claim easier.

When someone else’s careless or reckless behavior causes your loved one’s death, that individual or group should be held accountable. Filing a wrongful death claim can hold the at-fault party financially and legally responsible for their actions. At the same time, it can give your family some much-needed financial stability and support. A claim is more likely to be successful and earn you the most compensation with the help of a qualified attorney.

Jennings Wrongful Death Attorneys Committed to Your Family

A wrongful death claim can cover the costs of your loved one’s passing, such as:

• Any medical bills
• Funeral costs
• Loss of support
• Pain and suffering damages

This compensation can significantly help you and your family during this difficult time of grief. At the Cox Law Firm, we are here to help. We work to get you the compensation you need, taking the stress of the claim off you so you can focus on your family and other necessary matters regarding your loved one. Our team understands how difficult this is, and we can help you worry about it less.

The attorneys at the Cox Law Firm have 135 collective years of legal experience. We are skilled in many types of wrongful death claims, and our team collaborates together to bring you the most effective representation possible. We know that it is important to get your rightful compensation, and it is just as important to do so efficiently. Our firm has represented many individuals and families in Jefferson Davis Parish, and we are proud to serve our community.

We can help you determine if you have a wrongful death claim, investigate the incident, and calculate the value of your claim. We can handle the legal deadlines, filings, negotiations, and other requirements so that you have less to manage.

What Makes a Wrongful Death Claim?

A wrongful death occurs when an individual or a group acts in a careless, reckless, or negligent manner, and this results in the fatal injury and death of a person. A wrongful death claim is filed by the surviving family members of the deceased in place of a personal injury claim that could have been filed if the family member had lived.

When another party fails to act with reasonable care, they can be held legally and financially responsible for the damages they cause. Negligence is the most common cause of wrongful death claims, but intentional misconduct may also be the cause. To prove that a party is liable for the financial harm and personal loss to a family, the following elements must be true:

1. The party owed the deceased a duty of care.
2. The party acted negligently, and this breached their duty of care.
3. This breach led to the deceased’s injury or death.
4. The surviving family suffered legally recognizable and quantifiable losses from their loved one’s death.

When you work with a wrongful death attorney, they can help investigate the accident and the potentially at-fault party. Your attorney can help you gather the evidence needed to prove that they are at fault and hold them accountable for their actions. Although this claim will not make up for your loss, it could give you stability and security.

How Quickly Do You Need to File a Wrongful Death Claim in Jennings?

In most cases, a wrongful death claim must be filed before one year from the date of death. After that, the statute of limitations expires, and family members can no longer recover damages. If you wait too long to talk with an attorney, you may lose your ability to obtain compensation. The sooner you work with an attorney, the more time they have to investigate and build a strong claim before needing to file it.

However, there are some exceptions to this one-year rule. If there was no reason to believe that someone was at fault at the time of death, but more information is later discovered, the statute of limitations could be extended. If you are unsure whether your claim has expired, talk with a qualified attorney. You may still be able to get the compensation that you and your family need.

Who Can File a Wrongful Death Claim?

To file a wrongful death claim in Louisiana, you must be a relative of the deceased, and you must be a specific surviving relative. Family members can file a claim in the following order:

1. The deceased’s surviving spouse and/or children
2. If there is no surviving spouse or children, the deceased’s parents
3. If there are no surviving parents, the deceased’s siblings
4. If there are no surviving siblings, the deceased’s grandparents

This includes relations by blood, marriage, and adoption. There are certain situations that may disqualify relatives, such as abandonment by a parent at a young age. If there are no living family members alive, the representative of the deceased’s estate may file the claim.

What Damages Are Available in Jefferson Davis Parish Wrongful Death Settlements?

The value of a settlement relies on the severity and cost of the damages suffered. If it is proven that a party is at fault for the individual’s death, then that party can be held liable for all damages suffered as a result. Compensatory damages include economic and noneconomic damages.

Economic damages are calculable damages and straightforward financial losses. These include:

• The cost of a funeral
• The cost of a burial or cremation
• Any medical expenses caused by the incident before the individual died
• Property damage
• Lost wages and future income that the deceased would have brought for their family
• The loss of services, support, and benefits
• The loss of any inheritance

A wrongful death claim can also recover noneconomic compensatory damages. These damages do not have a clear value, but they are still considered to be significant losses to the family, which should be compensated. These include:

• Mental and physical suffering by the deceased prior to their death
• Loss of companionship and society with the deceased
• Loss of consortium of the deceased
• Loss of enjoyment of life

For most wrongful death claims, only compensatory damages are available. However, in some claims, punitive damages may be awarded. Rather than compensate the family for any loss, these damages are assigned by the court when the at-fault party has acted with gross negligence and are made to punish the at-fault party. Your attorney can review your situation to determine if you are eligible for punitive damages.

Common Causes of Wrongful Deaths

To hold a party at fault, you must show that they were responsible for the accident or incident that caused the death. Determining what caused someone’s death is essential to determining who was at fault and their level of negligence. The party, whether an individual, employer, or entity, does not have to have intentionally caused the accident or incident to be held liable. They may have been negligent, or they may be strictly liable in some cases.

Some common causes of wrongful death claims include:

Vehicle Accidents

Any serious motor vehicle accident can result in fatal injuries and fatalities immediately during the accident. Traumatic brain injuries, neck and spinal cord injuries, other internal injuries, and severe lacerations can all result in significant damage and potential death. Fatal injuries are even more likely if a passenger car is in a crash with a commercial truck or other large and heavy vehicle. Fatalities are also more likely if a motorcycle, bicyclist, or pedestrian is in an accident with a larger motor vehicle.

The at-fault party may be held liable through an insurance claim or a civil claim, depending on the situation. A driver may be liable for driving recklessly, being under the influence, or being distracted. Other parties may be liable for improper road maintenance, lack of maintenance of a vehicle, or a defective vehicle component.

Workplace Accidents

Any worksite can have accidents that result in employee deaths, but hazardous worksites like construction sites or oil and natural gas rigs are more dangerous for employees. These worksites are more likely to have significant accidents that result in fatal injuries, such as chemical exposure, explosions, fires, and machinery accidents.

Surviving family members may be able to make claims under workers’ compensation. Certain maritime employees and their family members can make claims under the Jones Act. An attorney who has experience in these federal laws, state workers’ compensation, and wrongful death claims is essential to determine what compensation can bring your family the most benefits.

Animal Attacks

Severe injuries from dog bites and other animal attacks can result in fatal diseases or injuries if not properly treated. This could result in a wrongful death claim, depending on the circumstances of the attack. Louisiana does not hold pet owners strictly liable, so a skilled attorney is necessary to prove some level of negligence. If there was a wild animal attack due to premises or security negligence, it must be provable that the property owner knew or should have known that there was a danger and did not address it in a reasonable period of time.

Medical Malpractice

Malpractice in the emergency room, during the administration of anesthesia, and during childbirth are some of the most common causes of wrongful death from medical malpractice. Malpractice is more than just a medical provider making a mistake. They must take actions or inactions that deviate from the professional standard of care and have no reason to do so.

Defective Products

Defective products have the potential to cause significant injuries and deaths. Defective products can also include faulty components of vehicles and heavy machinery, which can cause worksite accidents and motor vehicle accidents. The manufacturers and designers of products can be held liable for the harm done by their products if they are unreasonably dangerous.

Dangerous Premises

Slips and falls, especially from significant heights, can result in severe and fatal injuries. Improperly kept premises can also have other potentially fatal hazards, such as electrical dangers or a lack of security. Property owners may be liable for injuries on their premises if they did not take proper care in its upkeep for lawful guests.

Violent Crime

Fatal injuries and fatalities often occur during violent crimes like assault, battery, or robbery. Although the at-fault party faces criminal charges, the only way for a family to recover damages is typically through a civil wrongful death claim.

There are many other potential causes of wrongful death claims. If another party is the cause of your loved one’s death due to intentional misconduct or negligence in one of these situations or another accident, you may be able to file a wrongful death claim.

How Does a Wrongful Death Attorney Help Me?

A wrongful death attorney can help you with legal issues, negotiate your claim, and increase the chances of your claim succeeding. After losing a loved one, you are likely dealing with grief on top of many other legal, financial, and personal matters. Managing a wrongful death claim can seem overwhelming, even if it is essential to support your family.

Filing a civil claim or an insurance claim can be very complex, and any mistakes can result in the denial of your claim. Negotiating with insurance providers can be impossible, and their goal is only to protect their bottom line. If you are unaware of the full value of your claim, you may accept a settlement that will not help you financially recover from this loss. If you are unable to secure proof that the other party is at fault, you will be unable to recover compensation.

When you work with an attorney, they can lower your burdens by handling the wrongful death claim. Your lawyer can investigate the incident, determine the cause, determine who was at fault, and find proof of negligence or fault if it exists. An attorney also has experience determining the value of wrongful death claims based on the type of accident, the actions of the at-fault party, and the severity of the losses that your family suffered.

An attorney is also more effective at negotiating with an insurance provider or the at-fault party and their legal representation. By having an understanding of the claim’s true value and significant negotiation experience, an attorney is much more likely to be successful in securing a fair settlement. If a settlement can’t be reached, an attorney may discuss the benefits and costs of taking your claim to court to obtain the most compensation possible.

How Long Will My Wrongful Death Claim Take?

The length of time a wrongful death claim takes to resolve depends on many factors, including

• The willingness of the at-fault party or their insurance provider to negotiate
• The severity of your damages
• The skill of your attorney
• Whether your claim goes to court or not

The claim may take several months to more than one year. In some cases, it could take several years to resolve.

A drawn-out process can be financially and emotionally stressful, which is why you want a skilled attorney who can work hard to settle the case efficiently. Unfortunately, if an insurance provider is unwilling to negotiate or provide fair compensation for your family, the case may need to enter litigation. Due to court scheduling and the process of a court hearing, this will make the case take longer. However, it may enable your family to get the compensation you deserve.

How Much Does a Wrongful Death Attorney Cost?

The cost of an attorney relies on many factors, including how the attorney charges for their services. Most wrongful death attorneys charge on a contingency fee basis, although some charge on an hourly basis. A contingency fee means that, instead of charging attorney fees, your attorney is awarded a portion of the final settlement. If they do not succeed in obtaining a settlement, you don’t owe the attorney. This can greatly help families who are dealing with significant financial hardship due to the loss of their loved one.

The percentage of the final settlement that pays your attorney depends on the attorney. Typically, the percentage that an attorney takes from your settlement is around ⅓ of the final amount. This may be different, depending on the situation, such as if the case was especially complicated or it went to court. If the claim is litigated, the attorney may take a greater percentage of the settlement.

Always discuss costs and pricing with your attorney prior to working with them. An attorney may be able to give you an idea of the settlement that your wrongful death case may be worth so you can make informed choices about the benefits of filing a claim.

Protecting Your Family’s Future With the Cox Law Firm

At the Cox Law Firm, we understand the impossible situation you are going through, and we want to help. Let us bring you compassionate and dedicated legal representation through each step of the filing process. Contact our team today to learn how we can help you and your family.