Wrongful Death Lawyers in Mandeville, LA
Losing a loved one can be an unbearably painful experience. Particularly, if the loved one died for no fault of their own, but as a result of someone else’s negligence, recklessness, or misconduct, it can make it all the more painful for you. The law in Louisiana gives you the right to hold the negligent parties liable for wrongful death damages and achieve a sense of closure.
The awesome Mandeville, LA wrongful death lawyers at Trainor Law Firm can help you file a wrongful death claim against the at-fault party, collect strong evidence to prove liability, negotiate with the insurers on your behalf, and take all necessary steps to recover the maximum amount of compensation possible. Call us today to schedule a consultation with a Mandeville, LA wrongful death lawyer.
What Constitutes Wrongful Death under Louisiana Law?
According to Section 2315.2 of the Louisiana Civil Code, any death resulting from the negligence or intentional act of another person or entity can be considered wrongful death.
Common examples of negligence-based incidents that can result in wrongful death include car accidents, commercial truck accidents, bus accidents, motorcycle accidents, pedestrian accidents, construction site accidents, slip and fall accidents, medical malpractice, accidents caused by defective products, and more.
Apart from this, any death resulting from intentional acts like violent assault and battery can also be considered wrongful death. It’s essential to note that the criminal charges stemming from a wrongful death have no impact on the civil claim filed by family members. Even if the at-fault party is not convicted, you might still be able to hold them accountable in civil court and recover damages.
This is primarily due to the fact that the burden of proof in civil cases is substantially lower compared to criminal cases. In a criminal case, the prosecution must prove the at-fault party’s guilt ‘beyond a reasonable doubt’ to convict them. On the other hand, in a civil claim, you only need to prove their liability by ‘a preponderance of the evidence’ – which is a much easier bar to meet.
Who Is Qualified to File a Wrongful Death Claim in Mandeville, LA?
The following parties are qualified to file a wrongful death claim under Louisiana law.
- The deceased person’s spouse
- The deceased person’s children
- The deceased person’s parents
- The deceased person’s siblings
- The deceased person’s grandparents
- The representative of the deceased person’s estate
It should be noted that the right to file a wrongful death claim is not restricted to biological family members alone. Adopted family members also have the same right under the law.
Types of Compensation You Can Recover in a Mandeville, LA Wrongful Death Claim
- Cost of emergency medical care and other treatments provided to your loved one until their death.
- Funeral expenses.
- Loss of future earnings, inheritance, and other financial benefits caused by your loved one’s death.
- Financial value of household services your loved one would have provided for your family.
- Loss of consortium.
- Loss of love, care, affection, guidance, and support.
- Mental anguish.
- Loss of enjoyment of life.
Timeline for Filing a Mandeville, LA Wrongful Death Claim
The deadline for bringing a wrongful death claim against an individual or an entity in Louisiana is one year. The one-year deadline starts right from the date of your loved one’s death.
Waiting too long to get legal representation after your loved one’s death is a bad idea, as it can adversely impact your chances of getting the compensation you are entitled to. If you wait too long to hire a lawyer, they might not be able to collect the evidence needed to establish the liability of the at-fault parties, as most of the physical evidence might be lost or destroyed by that time. As a result, you might not be able to get the settlement you deserve.
More importantly, if you miss the deadline for filing the claim for any reason, you will permanently lose your right to sue the at-fault party. It’s why you should try to contact a Mandeville, LA wrongful death lawyer as soon as you possibly can after your loved one’s death. This is someone who’s been around the legal corners before and knows what type of threats could present themselves.
How Our Mandeville, LA Wrongful Death Attorneys Can Help You
If you choose our law firm to represent you, we will take all possible steps to get you the compensation you deserve. These include:
- Explaining the legal options available for you to get compensated for your loved one’s death – including filing an insurance claim and a wrongful death claim.
- Investigating the circumstances of your loved one’s death and identifying all the parties who can be held liable.
- Determining the extent of financial and non-financial losses you have suffered as a result of your loved one’s death and calculating the value of your claim.
- Talking to eyewitnesses (if any) and gathering all the evidence needed to build a strong claim against the at-fault party.
- Getting reports, statements, and testimonies from experts to strengthen your claim.
- Communicating with your loved one’s insurance provider and the at-fault party’s insurance provider.
- Negotiating with the at-fault party’s insurance provider to get an adequate settlement.
- Filing a lawsuit in civil court against the at-fault party (if a negotiated settlement is not possible) to recover the damages you are owed.
Get Legal Help from Reputable Wrongful Death Attorneys in Mandeville, LA
At Trainor Law Firm, we know that the loss of a loved one can never be replaced. At the same time, you deserve to be compensated for the financial losses and emotional trauma caused by your loved one’s death.
Attorney Brian F. Trainor is a distinguished personal injury attorney with a long track record of getting favorable settlements and jury awards for his clients. A former prosecutor, Brian knows how to build strong tort claims and how to negotiate with insurance companies to get his clients the compensation they deserve.
To find out how we can help you with your wrongful death claim, call our firm today at 985-900-2250 or get in touch with us online and schedule a free consultation with a highly-rated Mandeville, LA wrongful death attorney.