When someone’s recklessness or negligence causes death, the responsible party must face consequences. Seeking legal justice is an important first step. Wrongful death claims require a commitment to holding liable parties accountable, which can be done by working with a New Iberia wrongful death lawyer.
The legal team at Sanchez Burke, LLC is known for our fierce advocacy and support of our clients. We are experienced across many practice areas, including personal injury and wrongful death claims. Our team methodically reviews all the details of our clients’ cases and maintains clear channels of communication with them. We empower our clients with realistic insights into their situation and what they need to do to succeed.
Compensation in wrongful death cases addresses both economic and non-economic losses. Economic damages include lost income, funeral costs, and medical expenses incurred before the death. Non-economic damages, like the loss of companionship and emotional suffering, reflect how the loss can affect surviving family members.
Compensation is calculated based on the strength of the evidence presented, including financial records, professional evaluations, and testimonies. Receiving fair compensation requires a detailed understanding of the deceased’s contributions to their family and to society. An attorney’s guidance can accurately show all the damages that took place to the court.
When families face the loss of a loved one due to someone’s wrongful actions, it can be hard to think about legal action. However, there are serious benefits that go further than immediate compensation, including:
While no legal action can fully compensate for the loss of a loved one, a wrongful death claim can bring meaningful change. For many families, legal action becomes a part of their healing journey.
Wrongful death cases can be emotionally challenging. An attorney can professionally handle the claim and offer insight in Louisiana’s laws and procedures. They can assess evidence, figure out who is liable, and present a compelling case for compensation.
Attorneys can also manage conflicts among family members or with defendants. This is especially important in cases where eligibility to file or the extent of damages is contested. Legal representation can keep these conflicts from hindering the success of the claim.
If there are multiple eligible beneficiaries, they might have competing interests. Blended families might also have questions about whether they are eligible to file a claim. Even if the family is more united, they may disagree about settlement terms or the strategy towards the case. Professional legal counsel helps the family focus on the big picture while being sensitive to family dynamics.
Eligibility to file a wrongful death claim in New Iberia is dependent on what kind of family the deceased person had. The spouse or children usually have the first right to file. If the deceased had no spouse or children, then surviving parents can bring the claim. In cases where parents are not available, siblings or other relatives could be eligible. This hierarchy gives the most benefit to individuals who are most closely tied to the deceased.
To qualify as a wrongful death in Louisiana, someone must have died due to another party’s negligence or recklessness. In Louisiana, wrongful death claims can arise from incidents like car accidents, medical malpractice, defective products, or workplace accidents. For the claim to qualify, the death must be directly linked to the actions or inaction of the responsible party.
Compensation is determined in a wrongful death case by examining the losses experienced by the deceased’s family. Courts may review the economic damages your family faced (lost wages and funeral expenses.) They may also review non-economic damages, such as emotional distress and loss of companionship. Factors like the deceased’s age, earning potential, and the family’s reliance on their support play a role in determining the final amount.
The difference between wrongful death and negligence is the aftermath of each. Negligence refers to a failure to be careful, leading to injuries or harm. Wrongful death happens when negligence results in the loss of life. All wrongful death cases involve negligence or wrongful acts, but not all negligent acts lead to a wrongful death. Negligence may only lead to injuries or property damage.
Honor your loved one’s memory by taking action. Schedule a consultation with Sanchez Burke, LLC today, and let a dedicated attorney guide you through this painful process. An attorney can help you work through a wrongful death case and provide clarity on your situation. Take the first step today for answers and justice.
For a free initial consultation, contact our Louisiana law firm online today or call us to speak with one of the firm’s talented attorneys.