Coping with the death of a loved one is stressful. You must be there to support your family, while making funeral arrangements.
While it may not seem like the time to think about the financial impact of your loved one’s death, you have to consider how it will affect your family’s future.
If a family member died in an accident caused by a negligent individual, employer or manufacturer, there is hope. In these situations, you may be able to file a wrongful death lawsuit for financial compensation. This can help with the financial impact of a loved one’s death and bring you and your family some peace in the days to come.
Wrongful death cases are common, but they are not an easy process. The good news is the Lake Charles wrongful death lawyers at Cox, Cox, Filo, Camel & Wilson are here to help. We’ll take care of the paperwork and phone calls, handling every detail so you can focus on your family.
What is Wrongful Death?
Wrongful death is any fatality resulting from the negligent actions of an individual or organization. Wrongful death lawsuits provide compensation to the deceased’s living family members.
There’s no need to prove the at-fault party is guilty or acted maliciously since wrongful death lawsuits are civil cases. All that needs to be proven in a wrongful death case in Louisiana is:
- Someone died and;
- The death was the result of a person’s or party’s negligent actions and;
- The surviving family has suffered financially
Who Can File a Wrongful Death Lawsuit?
Only certain family members can file a wrongful death lawsuit in Louisiana. Who is able to file a lawsuit depends on who the deceased left behind. Wrongful death clam can be filed:
- The victim’s spouse or children
- If there is no spouse or children, the victim’s parents may file a lawsuit
- If there are no parents, a lawsuit may be filed by the victim’s siblings
- The victim’s grandparents may file a lawsuit if there are no siblings,
Family members related to the deceased by adoption or marriage may also file a wrongful death lawsuit. If there are no living family members, the person managing the deceased’s estate can file the lawsuit.
Damages for Wrongful Death
The family members filing a wrongful death lawsuit can seek compensation for economic and noneconomic losses. Economic losses are measurable and include things like:
- Funeral and burial costs
- Medical expenses
- Lost wages
- Loss of earned income
- Loss of household services
- Property damage expenses
Noneconomic losses include things like:
- The deceased’s pain and suffering
- Loss of care
- Loss of companionship
- Emotional and physical suffering of the surviving family members
Causes of Wrongful Death
Even the mildest accident or injury can result in wrongful death. As lawyers, we have handled wrongful death cases caused by:
- Car accidents
- Truck accidents
- Motorcycle accidents
- Workplace injuries
- Chemical exposure
- Construction accidents
- Offshore and maritime accidents
- Dog bites
- Catastrophic injuries
If your loved one’s death was caused by these or any other kind of accident, contact the attorneys at Cox, Cox, Filo, Camel & Wilson L.L.C. to begin the process of filing a wrongful death lawsuit.
Wrongful Death Statute of Limitations
According to Louisiana Civil Code Ann. Art. 2315.1, the statue of limitations for a wrongful death lawsuit is one year from the date of death. This isn’t a long period of time and is one of the many reasons you’ll need a Lake Charles wrongful death lawyer. If the lawsuit is filed past the statue of limitations, the defendant can file a motion to dismiss the claim, denying the compensation you’re entitled to.
When to Contact a Wrongful Death Attorney
No amount of money can replace your loss. That said, filing a wrongful death lawsuit is one way you can get financial stability for your family.
While you can handle a wrongful death lawsuit on your own, the defendant’s insurance company will make it difficult. They will try to settle out of court, often offering your family far less than they deserve. They don’t care that you are suffering; they want to close the case and pay as little as possible.
Our job is to negotiate a fair settlement. If an agreement can’t be reached, we will take your case to court. We will defend your best interests and do everything to secure your family’s financial well being. All you have to do is schedule your free consultation with the lawyers at Cox, Cox, Filo, Camel & Wilson L.L.C.