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 must 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 the Cox Law Firm are here to help. We’ll take care of the paperwork and phone calls, handling every detail so you can focus on your family.

Types of Catastrophic Injury

BRAIN INJURIES

DOG BITE INJURIES

NECK & BACK INJURIES

PERSONAL INJURY

SPINAL CORD INJURIES

WRONGFUL DEATH

WHAT IS A WRONGFUL DEATH CLAIM?

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 three things below need to be proven in a wrongful death case in Louisiana:

  • Someone died
  • The death was the result of a person’s or party’s negligent actions
  • The surviving family has suffered financially

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WHAT IS A WRONGFUL DEATH CLAIM?

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 three things below need to be proven in a wrongful death case in Louisiana:

  • Someone died
  • The death was the result of a person’s or party’s negligent actions
  • The surviving family has suffered financially

WHO CAN FILE A WRONGFUL DEATH SUIT?

Only certain family members can file a wrongful death lawsuit in Louisiana.

Only certain family members can file a wrongful death lawsuit in Louisiana. Who can file a lawsuit depends on the surviving family. Depending on the victims’ family situation depends on who can file a wrongful death claim. Wrongful death claim 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.

WHAT DAMAGES CAN BE AWARDED FOR WRONGFUL DEATH SUITS?

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 & Burial Costs
  • Medical Expenses
  • Lost Wages/Loss of Earned Income
  • Loss of Household Services
  • Property Damage Expenses

WHAT CAN CAUSE A WRONGFUL DEATH SITUATION?

Even the mildest accident or injury can result in wrongful death. As lawyers, we have handled wrongful death cases caused by:

  • Motor Vehicle Accidents
  • Workplace Injuries
  • Chemical Exposure
  • Construction Accidents
  • Offshore & Maritime Accidents
  • Dog/Animal Attacks
  • Catastrophic Injuries

IS THERE A STATUTE OF LIMITATIONS FOR THESE TYPES OF CLAIMS?

According to Louisiana Civil Code Ann. Art. 2315.1, the statute of limitations for a wrongful death lawsuit is one year from the date of death. This is an extremely short windowand is one of the many reasons you’ll need an experienced Lake Charles wrongful death lawyer. If the lawsuit is filed past the statute of limitations, the defendant can file a motion to dismiss the claim, denying the compensation you’re entitled to.

WHEN SHOULD I CONTACT AN 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. If you suspect that a loved one died because of someone else’s negligence, you may have a case.

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 need to do is schedule a free consultation with the attorneys at the Cox Law Firm.

Other Practice Areas

AUTO ACCIDENTS

Workplace Injuries

Class-Actions

Claim Disputes

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