Lafayette Wrongful Death Lawyer

Lafayette Wrongful Death Attorney

Losing a family member due to the negligent actions of another is devastating. Families of victims can file a wrongful death claim to help them obtain justice and compensation to help with expenses. A compassionate Lafayette wrongful death lawyer can help families during this difficult time to demand accountability.

What Is a Wrongful Death Claim?

A wrongful death claim helps a family seek damages after someone dies. There are some rules that limit how they can file, including:

• Cause of death: The person has to have died due to the actions of another person. If someone died due to their own actions, then it is likely not considered to be wrongful death. Courts look at whether someone failed to act with reasonable care and caused the death as a result.
• Breaching a duty: In legal terms, we call those who have not acted in a way they legally should have as breaching their duty of care. Some people have a duty to care for others. This could be in a professional role like healthcare, or it could be related to driving on public roads.
• Family members only: Usually, only family members most closely related to the victim are able to file. The law generally considers spouses and children to be closest to the victim. If these individuals are not present, then others, like parents or siblings, might be able to file.
• Tangible damages: There have to be damages that the family experienced as a result of the death. Things like funeral expenses, which have a median cost of $7,334 in the Central Southern region, count as damages. Evidence such as pay stubs and receipts can help demonstrate compensation owed to the family.
• Civil claims: Wrongful death claims are considered civil claims. They are not affected by whether or not the person being accused has criminal charges against them. Even if someone is not arrested or convicted for their actions, they can still owe money to the family. Even though cremations can be cheaper, they can still be expensive at $6,970 on average.

The median funeral cost increased by 11.3% from 2016 to 2021. Many families are not prepared to pay the expenses associated with a victim of a wrongful death claim. This is why damages are important.

What Can Be Recovered?

Families can recover damages from personal injury cases, both financial and emotional losses in wrongful‑death claims arising from a variety of incidents, whether car accidents, bicycle accidents, pedestrian accidents, or other personal injury scenarios. Financial losses are more obvious. These include funeral costs and any medical bills incurred before the death, such as treatment for brain injury or back and spinal cord injury, all of which must be backed up by documentation. Lost income and benefits from the deceased, as well as their lost future earning potential, can also be included. The goal is to make up for the support the person provided.

The law also allows claims for emotional loss. This can include loss of care if they were a parent or a caretaker. If they were a spouse, loss of companionship can apply. The amount for emotional loss isn’t fixed and depends on what the judge or jury awards. There is wider leeway for these types of damages, but evidence is still important.

Proving Fault

The person filing a wrongful death claim has to prove that the death happened because of someone else. Whether the incident involved drunk driving, rideshare accidents, or another negligent act, the accused person must have either acted or failed to act in a way that was careless or dangerous, depending on the context. The proof needs to show more than just bad luck.

Evidence is one of the biggest parts of a wrongful death claim. In some cases, surveillance video or company policies can help, too. Each case brings its own facts. An attorney can help tie these facts to the case. They can prove that the harm could have been avoided if the defendant had acted in a way a reasonable person would in similar circumstances.

Why Do I Need an Attorney?

Wrongful death cases in Lafayette can involve large companies with deep pockets. It’s not in their financial interest to admit fault. They tend to fight hard to avoid paying. An attorney can push back against them by lining up evidence in the family’s favor. If families file the wrong type of claim or miss a deadline, they can lose the case entirely.

FAQs

Q: What Can Family Members Receive Due to Filing a Wrongful Death Claim?

A: Family members can receive financial support after filing a wrongful death claim. This includes lost wages that the person would have earned. It can also cover funeral costs and medical bills from before the death. Some family members can receive damages for loss of companionship or emotional pain, depending on their relationship with the individual.

Q: How Hard Is It to Sue a Hospital for Wrongful Death?

A: It can be hard to make a claim against a hospital for wrongful death. Hospitals are protected by strong legal teams. For such a large organization, it takes more than pointing to a bad outcome. A family has to show that the hospital did not follow a standard of care. This breach of duty must have been the cause of the wrongful death. Proof often comes from additional witnesses who are medical professionals.

Q: What Is Needed for a Wrongful Death Claim?

A: What is needed for a wrongful death claim includes several elements. First, someone must have died. Second, the death must have been caused by another person’s actions or failure to act. Third, there have to be survivors who are legally able to bring a claim. Finally, there has to be concrete damages. Without all four elements, the claim could fail.

Q: What Evidence Should Be Admitted in a Wrongful Death Claim?

A: The evidence that should be admitted in a wrongful death claim includes anything backed by written or visual records. It can also include professional opinions. Medical records show the cause of death. Witness statements help show what happened. Financial records prove lost income. Visual evidence, such as photos and videos, can support the timeline of events.

Lafayette Wrongful Death Law Firm – Chris Villamarette, Trial Lawyer

It’s impossible to make up for the loss of a loved one, but a wrongful death claim can at least give a family ways to protect themselves financially. It can also hold the right people accountable for what they’ve done. Taking legal action can be difficult, but a dedicated wrongful death attorney can take care of the legal details for you while you concentrate on healing. Schedule a consultation with Chris Villemarette, Trial Lawyer, to discuss your options and answer your questions.