Wrongful Death Lawyers in Hammond, LA
Losing a loved one can be a heartbreaking and indescribably tragic occurrence. It can leave behind a void that can never really be filled. Especially, if the death is caused by someone’s negligence, your grief can turn into an agonizing burden.
Wrongful death cases in Hammond resulting from the negligence of individuals or entities can thrust families into an unimaginable ordeal, as they have to grapple with the emotional devastation and fight for justice at the same time.
If you have lost someone in your family due to a third-party’s negligence or recklessness, the experienced Hammond, LA wrongful death lawyers at Trainor Law Firm can help you in your fight for justice. Attorney Brian F. Trainor has extensive experience in handling wrongful death claims and has a track record of obtaining substantial settlements and jury awards for his clients.
Being a former prosecutor, Brian brings a unique combination of prosecutorial knowledge and an in-depth understanding of personal injury laws to the table. Call our firm today to schedule a free consultation with one of our Hammond, LA wrongful death lawyers.
Common Causes of Wrongful Deaths in Hammond, LA
Wrongful deaths can be caused by an individual or an entity – depending on the circumstances. Data shows that motor vehicle accidents are the single biggest cause of wrongful deaths in Hammond, LA. With a fatality rate of 24.2 per 100K people, Tangipahoa Parish ranks 15th on the list of parishes with the highest motor vehicle accident related fatality rates.
If we take the total number of traffic fatalities over the last two decades into account, Tangipahoa Parish ranks 10th on the list of parishes with the highest amount of traffic fatalities.
Other causes of wrongful deaths in Hammond, LA include:
- Workplace accidents
- Defective products
- Hazardous drugs
- Medical malpractice
- Slip, trip, and fall accidents
- Violence
Who Can File a Wrongful Death Claim in Hammond, LA?
According to Section 2315.2 of the Louisiana Civil Code, the following people have the right to bring a wrongful death claim in the event of a loved one’s death.
- The surviving spouse and children of the deceased
- The parents of the deceased (if the deceased was unmarried or if there is no surviving spouse or children)
- The siblings of the deceased (if there is no surviving spouse, children, or parents)
- The grandparents of the deceased (if there is no surviving spouse, children, parents, or siblings)
It’s necessary to know that the right to file a wrongful death claim is equally applicable to biological as well as adopted family members.
If there are no close relatives who can bring a claim, the representative or executor of the deceased’s estate can bring a claim.
Deadline for Filing a Wrongful Death Claim in Hammond, LA
Under Louisiana law, the deadline for bringing a wrongful death claim – commonly known as the statute of limitations – against an individual or an entity is set at one year. The one-year time limit starts from the date of the individual’s death.
If you fail to bring the claim within the time limit, you could permanently lose your right to sue the at-fault party. It’s one of the important reasons why you should talk to a Hammond, LA wrongful death attorney from our firm as soon as you can after your loved one’s death. These are people who have been around the legal corners before and know what type of dangers can present themselves.
Elements Our Hammond, LA Wrongful Death Attorneys Will Prove to Recover Damages for You
Duty of Care
The first element to be proved is that the at-fault party owed a duty of care to your loved one. This duty could arise from various relationships or circumstances, such as a duty to drive safely in a car accident case or a duty to provide a safe environment in a premises liability case.
Breach of Duty
The next element to be proved is that the at-fault party breached the duty of care towards your loved one. This could involve demonstrating negligent actions or failure to act in a manner consistent with the duty owed.
Causation
The next element to be proved is that there is a direct connection between the at-fault party’s breach of duty and the death of your loved one. With the help of medical records, autopsy reports, expert testimonies, and other evidence, we will prove that the at-fault party’s negligence or intentional act was the sole factor or the biggest contributing factor in causing your loved one’s death.
Death of the Decedent
The next element to be proved is that your loved one died as a result of the at-fault party’s negligence or intentional act.
Damages
The last element to be proved is that you and your family suffered damages as a result of your loved one’s death.
Damages Our Hammond, LA Wrongful Death Attorneys Can Recover for You
At Trainor Law Firm, we will take all possible steps to obtain the highest possible settlement from the at-fault party. The damages we can recover for you include:
Funeral and Burial Expenses
It includes the expenses associated with your loved one’s funeral and burial services. These include funeral service expenses, casket or urn expenses, cremation costs, cemetery or burial plot costs, headstone or marker costs, and transportation expenses.
Cost of Medical Treatment
Prior to their death, if the deceased received medical treatment at the Cypress Pointe Surgical Hospital, North Oaks Medical Center, Lallie Kemp Medical Center, Lakeview Hospital, or any other hospital in and around Hammond, their medical expenses can be included to your damages.
Loss of Financial Support
It refers to the loss of financial assistance caused by your loved one’s death. The compensation we can recover depends on your loved one’s income at the time of their death, their potential future earning capacity, and the financial contributions they made to your family.
Loss of Consortium
It refers to the compensation for the loss of intimacy, companionship, care, and guidance that your loved one would have provided to you and your family.
Mental Anguish and Suffering
It refers to the compensation for the emotional distress and mental anguish caused by your loved one’s death.
Apart from this, if the at-fault party’s actions were particularly egregious or malicious (impaired driving, hit and run, acts of physical violence, and so on) we might be able to seek punitive damages as well.
Is a Criminal Conviction Necessary to Recover Damages in a Wrongful Death Claim in Hammond, LA?
No. Civil and criminal cases are separate legal processes – each with its own burden of proof standards. If the at-fault party in question is facing criminal charges in relation to your loved one’s death, you can go ahead and file a wrongful death claim without worrying about the outcome of the criminal case.
Even if the at-fault party is not convicted in criminal court, it does not preclude the possibility of a successful civil wrongful death claim. As long as the proof of liability is met – which by the way is substantially lower compared to the burden of proof in criminal cases – you can recover damages from the at-fault party.
Talk to Our Hammond, LA Wrongful Death Attorneys Today!
If you have lost a loved one due to someone else’s negligence or intentional act, it is important to know that you do not have to fight the legal battle all by yourself. Our compassionate Hammond, LA wrongful death attorneys can provide you with the emotional support, guidance, and legal advice you need during this unimaginably difficult time.
Our founder, Brian F. Trainor, is a South Louisiana native who has made a career out of fighting for justice. A former Assistant District Attorney, Brian knows the legal system inside out and is committed to using his knowledge to help injury victims and their families get justice.
Do not let someone’s negligence go unchecked. Take the first step towards healing and justice by reaching out to our terrific and accomplished Hammond, LA wrongful death attorneys. Call our firm today at 985-900-2250 or use our online contact form to schedule a free consultation with a Hammond, LA wrongful death attorney.
