If you were involved in the loss of a loved one due to someone else’s negligence, speak with our Baton Rouge wrongful death lawyers. We want to help you and your family get the compensation you deserve.
What is a Wrongful Death Claim?
It’s always sad when someone gets hurt or has a serious illness, caused by other people. It can be difficult when someone dies in an accident as a result of negligence. When they aren’t able to prevent the accident, the other family members can feel really guilty that their loved one died in vain. However, this is what insurance is for. Aside from having to deal with funeral expenses and the grief and loss of a loved one, many families also need to focus on their financial and social issues. The death of a loved one can cause anguish that leads to a family falling apart.
One of the most irksome (annoying, displeasing) parts of these types of deaths is that the at-fault party may never be punished. There are quite a number of workplace accidents, for example, that resulted in no prosecution for the guilty party. Who is guilty in cases where someone dies due to mistakes made by machinery? Law firms are typically a good way to get justice for those who have lost loved ones. Their services include a dedicated team of attorneys who can manage both personal injury claims and wrongful death cases.
Can someone be held responsible for the death of another person? Yes, according to Cornell Law School. A wrongful death claim can be filed against someone who causes the death of someone due to their actions which might have been either intentional or accidental. A wrongful death lawsuit can be leveraged against someone who caused the death of your loved one. However, accusing someone of causing another’s death is serious and you need to have all the evidence on hand to support your case before going through with it.
Many places have a statute of limitations for filing a wrongful death lawsuit. The time-frame could be around 2 years or shorter, depending on the state. The period of time can be calculated from the time of death or from the discovery point later on in a legal case. Consulting a personal injury lawyer is one way to find out whether you are legally allowed to sue the other party.
If you’re someone who is acting as their own attorney, it’s a good idea to confirm what you think the case value is in your head before deciding whether or not they can afford to keep fighting. It is always a good idea to step away from the case after mediation or during settlement negotiations make sure your attorney doesn’t get taken advantage of. When you are advised to consider settling for less than the amount that you think you deserve, or if your lawyer is on low rates, there are several things that should be considered. One thing is that they may have a financial reason for doing this. Another cause could be legal issues with the other party’s claim…
Compensation for Baton Rouge Wrongful Death Claims
Compensation for wrongful death in Baton Rouge is important, but many other expenses can arise when a loved one dies. They include such things as funeral burial costs, transportation etc.
Your wrongful death claim can cover several other damages. These claims are meant to help the family heal after a major loss, so you should consider any expenses and damages that you’ve suffered because of the loss, even if they’re not listed here.
- Medical Expenses – There is always an attempt to save your loved one, but unfortunately, sometimes they don’t make it. If that happens, you can visit these pages on the hospital website to learn more about how much the procedure would have cost.
- Lost Wages – Being the main source of income in your household can make things difficult. It’s a good idea to have an attorney help you determine the appropriate settlement value, which should be included in your divorce settlement.
- Emotional Trauma – The sudden loss of a family member can be devastating. The support you give to your family after the loss should reflect how important the relationship is. Your compensation is something that can make this transition easier for you and your loved ones.
Give us a call to discuss your legal needs. We can help you find justice for your family member
The Legal Process of a Wrongful Death Lawsuit
If you’re making a claim for wrongful death, there are four key elements that play an important part in proving who is negligent. These are:
- Negligence: The negligent party needs to be shown to be at fault their negligence resulting in the death.
- Breach of Duty: Sometimes, even if a defendant had no duty of care to the deceased, then you might be able to win a wrongful death suit. That is when they break their duty resulting in the individual’s death.
- Causation: When the patient died there was a breach in duty that resulted in death, and this would include an accidental death or even negligent medical care. Medical negligence can lead to some personal injury and damage, which includes not only physical symptoms but also PTSD.
- Damages: The death of a plaintiff can complicate matters and lead to some difficult decisions. Luckily, there are certain instances where it’s easier to quantify the losses you may be able to receive.
If you’ve been injured during a car accident, your case will fall under civil cases and not criminal cases. You’ll face a lower burden of proof but it’ll take courage to take this type of legal action. The lawyer will help you plan what to do, including mediation and everything that follows.
Can a Wrongful Death Attorney Help?
A wrongful death attorney is an essential part of this situation. We offer free consultations and will only be paid if the case is successfully won. Choosing to hire a legal team is one of the most important aspects of your injury case. They will be responsible for obtaining fair compensation for damages, like wrongful death. The lawyers on your legal team might include experts in wrongful death or personal injury cases. You should be sure to have a lawyer who is up-to-date with recent case law that can bring up additional liability against hospitals and other medical facilities. They can provide valuable insight into this type of accident. Their combined experience and knowledge of the law will make it much easier for you to win your case in court.
Wrongful death lawyers will look to your state of emotional distress as a way to gauge how much they should ask for in compensation related to the personal injury accident. They may also claim other damages, such as burial costs and outstanding medical bills for the deceased. Attorneys who work in these types of cases are often motivated by financial considerations. They may ask for compensation for your pain suffering and any related expenses, like medication or therapy.
Your wrongful death lawyer is responsible for ensuring that the defendant engages in conversation about your incident. Over the short term, the defendant may invite you your highly paid experts to discuss the situation in detail. If you are presented with a monetary settlement in this setting, you should discuss the offer with your lawyers to provide an answer. Their experience advice can help determine if it is worth taking or not.
In the event of an auto accident, many insurance companies settle out-of-court if they do not think they would win. They also assess that legal costs would greatly outweigh the potential financial gain in a case where it is determined that the at-fault party is responsible for the accident. It is important not to let the discussions go on too long either. Why? Because if you miss the time period for filing your wrongful death suit, you may not be able to claim a settlement from the company. Your attorneys can give you advice and help you prepare for legal issues. It’s important to file your case as soon as possible so the evidence can be collected and presented in court.
Here, legal professionals would be of vital importance. Aside from offering legal advice, they can also offer expert witnesses to help prove your claims. For example, an AI writer might explain what went wrong in your surgery and help you avoid the same mistakes. The personal injury lawyer has the ability to paint a tragic feeling into the wrongful death victim’s untimely death with their depressing tone, which helps to get more sympathy out of their reading.
What Happens in a Settlement?
Implementation of remedies for these types of cases vary and can include things like punitive damages as well as payment in case of medical bills and expenses. Long-term financial losses to the plaintiff may also be considered. For example, if a family’s breadwinner died because of an accident injury or a traumatic brain injury as a result of a truck accident, the family may be entitled to long-term compensation. Many legal matters related to a personal injury settlement will also require scoping out of the locale, but a personal injury lawyer can help you with that.
An award for the pain and misery a person feels after losing a loved one might be partially based on their mental anguish. However, it is also based on other more important considerations such as what their loved one did for others and whether or not they had any control over their actions. A compassionate lawyer has realized that relying on a client’s mental anguish for compensation isn’t the easiest way to approach this issue. Instead, a skilled legal advocate will show the emotional attachment as well as not use it as a crutch to justify winning the case.
Connect with a Baton Rouge Wrongful Death Attorney
Compensation is important to us- we’re ready to fight for you and your family after a difficult time when you need help most.
Choosing the Right Wrongful Death Lawyer
Not all wrongful death lawyers are the same. It usually costs somewhat more to hire a personal injury lawyer, but they typically have greater experience in cases you need. Individuals should find out if they have experience on your target case before hiring them to ensure the best possible outcome. Our experienced team of legal advocates will bring with them a lot of experience covering various areas. They’ve got experience in cases of auto accidents and loss of consortium cases, among other types. A wide range of experience in the field of injury accident law makes these lawyers more suitable for these types of cases. They’ll be able to handle all legal aspects and even some edge cases with ease. Please contact Wright & Gray today. They have years of expertise and can help settle your wrongful death case.