When your loved one is in a serious accident, it can have consequences for the entire family. Finances can become unstable if the injured person is a family’s breadwinner. Children and spouses suffer when they can no longer rely on their loved ones’ counsel and emotional support. All of this can become unbearable when an accident is fatal.
When someone passes away because of an accident caused by someone else’s reckless actions, surviving family members could take legal action with the help of a Lafayette wrongful death lawyer. Though compensation will never make up for losing a loved one, it could provide surviving family members with financial stability and a sense of justice. Let the compassionate personal injury attorneys at Tomeny | Best Injury Lawyers fight for you and your family.
Common Types of Fatal Accidents
To pursue compensation for a wrongful death, a decedent’s family must provide evidence that someone else was negligent. To prove negligence, a plaintiff and their attorney must show the defendant failed to abide by their duty to act reasonably and preserve the safety of others. The plaintiff must also demonstrate that this breach of duty was directly responsible for the fatal injuries of the decedent.
Some common situations where someone’s negligence can lead to a wrongful death include the following:
- Fatal car, motorcycle, truck, bike, and pedestrian accidents
- Asbestos exposure and other workplace hazards
- Dog attacks
- Dangerous and defective products
- Slip and fall accidents
- Criminal violence
In some cases, more than one defendant may have contributed to someone’s death. For instance, in a wrongful death caused by a drunk driver, the bar that served the motorist to a point past inebriation could also have liability for an accident that happened after they left the establishment. A Lafayette attorney could investigate a wrongful death to determine who could be liable and gather evidence to prove this claim in court.
Filing a Wrongful Death Claim
Compensation in wrongful death actions could help a family afford the medical and funeral costs associated with their loved one’s death. Spouses, children, and parents can also seek compensation for lost companionship and reduced quality of life because of their loss.
However, state law limits who has the right to file a wrongful death action. The decedent’s spouse and children are the first in line to file claims. If the decedent had no spouse or children, their surviving parents or parent could file. If there are no surviving parents, the decedent’s siblings and then grandparents follow as potential plaintiffs.
Under Louisiana Civil Code Annotated Article 2315.1, the decedent’s family has one year from the date of their loved one’s death to take legal action. In Louisiana, most wrongful death claims involve communicating with insurers more concerned with their profit margins than the needs of surviving family members. Before accepting an insurance company’s offer, it is best to consult a determined Lafayette wrongful death attorney who could negotiate a suitable settlement or pursue a lawsuit for fair compensation.
A Lafayette Wrongful Death Attorney Offers Compassionate Legal Guidance
If another person or entity’s negligence led to the death of a loved one, you have the right to pursue accountability and compensation through a wrongful death claim. While you process your grief and care for your family, let a Lafayette wrongful death lawyer handle this legal process.
We are prepared to fight for justice on your loved one’s behalf. Contact Tomeny Best Injury Lawyers today for compassionate legal guidance.