Wrongful Death Lawyer
wrongful death lawyer Baton Rouge, LA
The loss of a cherished person in the midst of a wrongful death accident can feel too much to bear, which is why a wrongful death lawyer Baton Rouge, LA families trust from Cashio Injury Attorneys may be sought for help. Families in the midst of grief may learn more about what happened and suspect that there was foul play involved. Perhaps an employer was careless about safety, or a doctor committed a grave medical error. When unexpected deaths happen and someone is taken too soon, it can motivate surviving family members to come forward with a lawsuit against the individual, company, or other party responsible.
We deeply empathize with families who lose a loved one because someone else decided to act without regard. We understand the law and have legal options available for pursuing justice and restitution. We know money cannot bring your beloved person back, but at the bare minimum, we can ensure that you have your finances covered while you grieve this terrible period. The last thing you should have to worry about right now is attending to bills and other daily responsibilities. Let us help you by addressing your legal concerns and questions. All you have to do is call.
People pass away every day, either due to natural causes or a terrible accident. And while accidents do occur, when there is someone who was at-fault, it changes the nature of the incident. As a Baton Rouge wrongful death lawyer can review with prospective clients, these are family members who may be permitted to file a wrongful death lawsuit:
- The surviving mother or father
- The surviving child or children
- The surviving spouse
- The surviving siblings (if there are no children or parents)
- The surviving grandparents (if there are no children, parents, or siblings)
There is a statute of limitations for all legal proceedings, including wrongful death cases. This means that surviving family members only have a set period of time from the date of the death to take legal action. Once that period has passed, surviving loved ones are essentially waiving their right to pursue restitution. For this reason, we urge people to come forward quickly if they think they have grounds for a wrongful death case. We can perform a case evaluation based on the facts and evidence, and then inform you of your options. If we take your case on, you can rest assured that we can handle the legal aspects while you focus on yourself and your family.
Filing a lawsuit during such an emotionally trying time can feel like too much to add on top of everything else. Keep in mind, your legal team is there to support you and guide you as you pursue justice in honor of your loved one taken too soon. For advice about what to do next, please call a Baton Rouge lawyer wrongful death from Cashio Injury Attorneys now for compassionate legal insight.
Elements You Need to File A Case
A wrongful death case can erupt out of any kind of accident, and with help from a wrongful death lawyer Baton Rouge, LA families trust at Cashio Injury Attorneys, LLC, families may vehemently want to hold the responsible party liable for taking the life of their loved one too soon. The surviving family and their legal team will have to prove that the at-fault party was reckless or negligent, which directly caused the person’s death. Devastating accidents occur all the time that cut someone’s life shorter than their expected departure. Victims of those wrongfully lost may be driven to file a survival action and wrongful death case against the offender. Wrongful death cases can entail a range of fatal accidents, such as medical malpractice, dangerous premises, workplace accidents, and more.
You may be wanting to pursue a wrongful death lawsuit if your relative died as the result of another’s legal fault. The statute of limitations for filing such a lawsuit will vary depending on the state. These statutes also outline who is permitted to sue for wrongful death, and has limits on how much can be provided for damages. Wrongful death lawsuits are intended to offer financial support for widows, orphans, and other dependents who relied on the person for their financial contributions. As a Baton Rouge wrongful death lawyer explains, it is imperative that families file a wrongful death lawsuit within the time permitted by law, otherwise they essentially forfeit their right to pursue justice and restitution.
To have grounds for a wrongful death lawsuit, the surviving family will have to show that a few elements apply to the case. Firstly, it has to be proven that the offender had a duty of care to the deceased to act with care. A common example of this would be car accidents where drivers speed or are otherwise driving unsafely which then leads to a fatal collision. Every driver has an inherent duty of care to operate their vehicle in a safe manner so others are not harmed. Secondly, it must be shown that the person’s death was linearly caused by someone else’s harmful intent or negligence. Lastly, there must be damages that are quantifiable that the surviving family endured due to their loss.
Meeting the burden of proof for a wrongful death case can be complex. We can empathize with the fact that most family members will experience even more pain if they investigate the situation themselves. We can handle the legal aspect of what you are going through, so that you can focus on grieving and tending to yourself and your family members during such an anguish-filled time. We hope that if you have questions or are ready to pursue legal action, that you contact a compassionate Baton Rouge wrongful death lawyer today for a case evaluation. When it feels like too much to bear, we can help hold you up and seek justice for your family member taken before their time.
Loss of a Loved One
Each Baton Rouge, LA wrongful death lawyer at our firm understands that no amount of money will ever make up for the tragic and unexpected loss of a loved one. But we also understand that these types of situations often leave families not only emotionally drained but significantly impacted financially. This is especially true if the victim was the primary financial provider for the family.
When the accident that caused the death of the victim was caused by the negligent or reckless actions of another party or parties, then the family may be able to pursue legal action against that party in a wrongful death action. Under the law, spouses, children, parents, siblings, grandchildren, or a representative from the victim’s estate may all be able to file a wrongful death claim.
Types of Cases
There are a number of different types of accidents that can result in the death of a victim that can result in their loved ones speaking with a Baton Rouge wrongful death lawyer and filing a claim. Some of the most common types we see at our firm include:
- Car accidents
- Truck accidents
- Pedestrian and bike accidents
- Motorcycle accidents
- Medical errors
- Defective products
- Premises liability
- Nursing home abuse and neglect
- Premises liability
- Occupational accidents and illnesses
Proving a Wrongful Death Case
In order to prove wrongful death, a wrongful death lawyer needs to prove certain elements existed when the victim died:
- Negligence – The victim died as a result of the at-fault party’s negligent or reckless action.
- Breach – The at-fault party had a duty of care to the victim, but breached that duty. For example, a driver gets behind the wheel of their vehicle even though they were drinking and ends up hitting and killing the victim who was crossing in a crosswalk. The driver had a duty of care to not drink and drive but breached that duty.
- Causation – The defendant’s actions resulted in the victim’s death.
- Losses – The victim’s death resulted in losses for their family, such as funeral and burial expenses, loss of financial support, loss of emotional support, and loss of companionship.
Statute of Limitations
Just as in any type of civil action, the state of Louisiana has set a statute of limitations for any wrongful death action. Once that timeframe has passed, if no action has taken place, then the window has closed. This is why it is critical for the family to speak with a skilled wrongful death attorney right away.
Call Our Office Today
If you have lost a loved one because of the actions of another party, we understand how devastating this must be. Call Cashio Injury Attorneys, LLC to schedule a free and confidential consultation with a dedicated Baton Rouge wrongful death lawyer to find out what legal recourse your family may have. Even if there have been criminal charges filed against the at-fault party, a wrongful death action is a completely separate legal action.
Frequently Asked Questions
What is a wrongful death lawyer, and how can they help in Baton Rouge, LA?
A Baton Rouge wrongful death lawyer is a legal professional who specializes in handling cases where an individual’s death is caused by the negligence or wrongful actions of another person, company, or entity. They can provide legal representation and assistance to the surviving family members in Baton Rouge, LA, helping them navigate the legal process, seek compensation, and hold the responsible parties accountable. Under Louisiana law, the surviving spouse, children, parents, or siblings of the deceased person are generally eligible to file a wrongful death claim.
How long do I have to file a wrongful death lawsuit?
In Louisiana, the statute of limitations for filing a wrongful death lawsuit is generally one year from the date of the individual’s death. It’s crucial to consult with a wrongful death lawyer as soon as possible to ensure you meet the necessary deadlines and preserve your rights to seek compensation. Many wrongful death lawyers work on a contingency fee basis, which means they only get paid if they win the case or secure a settlement. Their fees are typically a percentage of the compensation received, allowing families to pursue justice without upfront costs. It’s essential to discuss fees and payment arrangements with the lawyer during the initial consultation.
What damages can be recovered in a wrongful death case?
In a wrongful death case, the damages that can be recovered may include compensation for medical expenses, funeral, and burial costs, loss of future income and financial support, loss of companionship, mental anguish, and more. The specific damages recoverable will depend on the circumstances of the case and the applicable laws in Baton Rouge, LA. A wrongful death lawsuit is a civil action filed by the surviving family members seeking compensation for the damages they have suffered due to the death of their loved one
How can a wrongful death lawyer help prove negligence?
A wrongful death lawyer such as those at Cashio Injury Attorneys, LLC will thoroughly investigate the circumstances surrounding the death, gather evidence, interview witnesses, consult with experts, and build a strong case to establish negligence or wrongful conduct on the part of the responsible party. They will use their legal expertise to present this evidence effectively and advocate for your rights in court or during settlement negotiations. While it’s technically possible to handle a wrongful death case without a lawyer, it’s generally not recommended. Wrongful death cases can be complex, involving legal procedures, negotiations, and litigation.
What are some common examples of wrongful death cases?
Wrongful death cases in Baton Rouge can arise from various situations, including car accidents, medical malpractice, workplace accidents, defective products, premises liability, nursing home neglect, and more. If a loved one has died due to the negligence or intentional misconduct of another party, it’s important to consult with a wrongful death lawyer to determine if you have a viable case. By working with an attorney, you and your family can focus on what is truly important after a loss, your grief, and healing. Contact a Baton Rouge wrongful death lawyer today to schedule a risk-free consultation.
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