When Does the Statute of Limitations Start in a Wrongful Death Case in Louisiana?

Posted on Tuesday, August 25th, 2020 at 8:03 pm    

Losing a loved one can be the hardest thing you’ll ever deal with. When your friend or relative dies from natural causes, it is difficult, but you will be able to grieve and move forward. But when someone is killed in some sort of accident, it is a bit different. In these situations, you don’t get to grieve in the normal fashion. You also have to deal with a whole host of issues that most people never have to deal with. For example, you may need to file a claim against someone’s insurance company. Even if they pay your claim, you’ll need to put up with a lot of red tape and waste a ton of time.

If your claim is denied, or if the person who killed your loved one doesn’t have insurance, it will be even harder. Therefore, it’s important that you call and talk to an experienced personal injury lawyer in Lake Charles, Louisiana. Not only can your lawyer help you get damages for your loved one, but they can negotiate with the insurance company on your behalf. This will allow you and your family to do what is needed at this trying time. You can focus on grieving and taking care of your family while your Lake Charles wrongful death attorney focuses on the legal side of things.

You Only Have One Year to File Suit for Wrongful Death in Louisiana

Every state has something called a statute of limitations. This is the deadline by which you need to file your wrongful death lawsuit. In Louisiana, you only have one year to do this. The one-year clock starts running on the day your loved one dies. A lot of people think they have a year from when they realize their loved one’s death was caused by someone’s negligence. However, you don’t want to take this chance. You need to start looking for a Lake Charles wrongful death lawyer as soon as possible after your loved one passes away.

Most states offer families at least two years to pursue their wrongful death claim. Louisiana has one of the shortest statute of limitations in the country. If you wait until the last minute to hire an attorney, you run the risk of having your claim dismissed. An experienced wrongful death lawyer in Louisiana will do whatever they can to get your family the compensation they deserve. They need as much time as possible to prepare your case.

Only Certain People Can File for Wrongful Death in Louisiana

Finding out that your loved one has been killed in an accident can be traumatic. Sadly, the law may add insult to injury if you find out that you aren’t eligible to file a lawsuit for wrongful death. Under Louisiana law, only the following people can file a wrongful death claim:

  • The spouse of the decedent
  • If there is no surviving spouse, the victim’s children can file suit
  • If there are no adult children, the victim’s parents can file a legal claim
  • If there are no other potential plaintiffs, the decedent’s siblings can file suit

You may notice, significant others and engaged partners do not have the standing to file suit for wrongful death statute in Lake Charles. This may not seem fair, but it is the law. In fact, this is the law in most states. And, if you don’t have standing, you can’t sue – it’s that simple. If you aren’t sure if you are eligible to file a legal claim, all and talk to an experienced wrongful death lawyer right away. They can answer any questions you may have. They can also give you an idea of who in the family can pursue justice for your loved one.

Call an Experienced Wrongful Death Lawyer in Lake Charles

If your loved one has been hurt or killed in any sort of accident, call our office. You need to talk to an experienced wrongful death attorney in Louisiana as soon as possible. A lot of people don’t realize that you only have a short time to file your claim for wrongful death. If you miss this deadline, you will be forever barred from pursuing justice.

Call today and schedule your free initial consultation with our office. Sit down with someone who has the kind of experience it takes to get your family the compensation they deserve. The initial consultation is free and you don’t pay anything until your case is resolved.

Wrongful death is for families

Posted on Monday, August 27th, 2018 at 7:44 pm    

Although today’s modern families are more likely to have both parents working, the loss of one income can still be devastating. In cases where one spouse falls victim to wrongful death, the surviving family members not only have to deal with the loss of their loved one, but also a partial loss of their livelihood.

Many times when a wrongful death occurs, there are sudden expenses that families are not prepared to handle. Pain and suffering is an emotional toll that has no price tag, but combined with the financial burden of loss of income, future earnings and benefits, the struggle can be too much to handle. That is why reliable and caring attorneys are dedicated to helping families that have been devastated by a wrongful death of a loved one.

Those responsible for the wrongful death of a loved one may be forced to compensate families for their pain, suffering and financial burden. As this compensation can be costly to responsible parties, wrongful death claims are met, many times with apprehension and denial of negligence. To get families the financial support they deserve requires highly-skilled attorneys that know wrongful death cases and how to prove negligence.

It is through the dedication and diligence of experienced attorneys that Louisiana families have been compensated for the wrongful death of their loved ones. Whether due to a fatal car accident, medical malpractice or other type of negligence, a loss of life at the hands of someone else should not go unpunished. With a trusted wrongful death attorney by your side, the financial burden you’re faced with may be lifted.

Can I file a wrongful death suit for an unemployed person?

Posted on Friday, April 21st, 2017 at 5:45 pm    

When a person you love is killed before his or her time, a wrongful death suit is often appropriate. However, despite the immense loss of the one you love, it may be difficult to understand how a wrongful death may proceed if the person who was killed never held a job. Wrongful death suits primarily reward survivors some monetary approximation of income lost because of the death, but a person who did not provide income still has value.

Generally speaking, it is possible to argue that a person who did not provide income for a family still contributed to the family in valuable, if less tangible ways. For instance, if your husband or wife was killed, and they spent their time in the home, then it is reasonable to claim that they supplied the home with necessary comfort and guidance.

Appeals court rules in favor of victim’s children

Posted on Friday, April 14th, 2017 at 5:46 pm    

The fourth circuit court of appeals, which covers Louisiana, recently rejected a motion to reduce damages awarded to the survivors of a man killed by a collapsing wall. The court chose to uphold the lower court’s decision, moving forward with the nearly $1 million award to the children of the man killed in the accident.

The defendants had motioned to dismiss or reduce the award because of a number of technicalities within the original trial. According to their appeal, the lower court made a number of errors in the original trial, such as the way in which it applied a duty/risk analysis, or complying with the plaintiff’s motion to strike the jury. The defendants also took issue with the manner in which the court distributed fault in the accident.

Donut shop faces wrongful death suit

Posted on Friday, March 31st, 2017 at 5:56 pm    

Wrongful death suits can arise nearly anywhere, but some still manage to surprise. In a sad turn of events for a business built on offering joy than heartache, a Louisiana donut shop is facing a wrongful death from a man from Georgia. The suit demonstrates just how a wrongful death suit may not be limited to the places you’d expect.

The suit arose after the Georgia man’s father passed away subsequent to eating an apple fritter. According to the suit, the man’s father was allergic to walnuts and died in his hotel room after eating the fritter, which contained walnut flour. The suit specified that the donut shop had failed to inform customers of the presence of walnuts in its fritters.

Seeking compensation after the death of a child

Posted on Tuesday, February 14th, 2017 at 5:57 pm    

Wrongful death suits are among the most painful and difficult legal processes imaginable. But, when the loss of life has been suffered by a child, the case is both more heartbreaking and also more difficult. In wrongful death suits, the primary method of making the victim’s family whole is through paying economic damages. However, when a child is wrongfully killed, they have usually not demonstrated any specific earning potential, which can complicate the settlement.

Of course, no one wants to think of a human life as having a dollar-value. Unfortunately, this is often the very thing that must be done in a wrongful death case, as difficult as it may be. So how does one go about determining the value of a child’s life, when that child was robbed of an opportunity to find his or her gifts and pursue his or her passions?

The sad reality is that the loss of a child usually leaves the parents with relatively small monetary settlements. This is because because the law generally only allows for parents to recover their economic losses from the death of the child, rather than a settlement based on an older person’s earning potential and more intangible losses. In contrast, a family who has a father, mother, husband or wife who is wrongfully killed may seek economic damages based on lost earning potential, as well as less tangible things like loss of guidance or loss of companionship.

If you have lost a child, you deserve to have your losses met with care and dignity. An experienced attorney can help you evaluate your loss and prepare a fair and respectful wrongful death claim that acknowledges the true value of the life you have lost.

Missionary catastrophically injured in tragic bicycle crash

Posted on Friday, December 9th, 2016 at 5:59 pm    

A missionary from the Church of Jesus Christ of Latter-day Saints was catastrophically injured in a bicycle crash late last month in Louisiana. The young man was wearing slacks and a short-sleeved white shirt and tie while riding his bicycle, as Mormon missionaries often do, at the time the accident occurred.

The young man suffered injuries that included broken ribs, a fractured skull, brain bleeds and a punctured lung. Late last month, he received surgery for his injuries, but as of as of last reports, he was in a medically induced coma to give his body a chance to heal.

The young man’s parents told news reporters that the doctors would periodically reduce the amount of anesthesia he was receiving to check for responsiveness, If his condition became stable to take out the respirator and various intubation devices, then they would fly him closer to home, to a hospital in Salt Lake City.

Doctors are not certain about the extent of the missionary’s injuries. He could face permanent disabilities as he begins to recover. However, his parents say that they have been encouraged by his level of responsiveness so far. The young man has been serving as a missionary in the Baton Rouge area since September 2015. He planned to study music education in college after completing his missionary service.

Bicycle versus car accidents often result in catastrophic and fatal injuries for the bicyclist. When injuries are severe and result in permanent disabilities the costs can be exorbitantly high and sometimes unaffordable.

Similarly, when a death is involved, the emotional and financial costs for family members left behind can be devastating. For this reason, many victims of catastrophic accidents — and family members of victims of fatal accidents — choose to pursue civil lawsuits in court to seek financial remuneration from the at-fault parties responsible for the incidents.

What are your odds of dying in various ways?

Posted on Saturday, November 19th, 2016 at 6:01 pm    

They say that the only two sure things in life are death and taxes. While that’s a bleak outlook, it is technically true that both of those things impact everyone at some point. So, while there’s a 100 percent chance that you’ll pass away eventually, what are the odds of dying in various, preventable ways?

According to the Insurance Information Institute, a person who was born back in 2013 had a one in 20 chance of being killed by an injury. This could include injuries from a fall at work, a catastrophic car accident, an assault or many causes. It simply excludes things like sickness and old age.

In 2013, there were 35,369 deaths from car accidents alone. That mean that the one-year odds of being killed in a motor vehicle accident were one in 8,938. The lifetime odds of being killed in a car crash were one in 113.

Of the causes examined, car accidents were the highest by quite a bit. Second on the list was assault using a firearm. There were 11,207 such deaths in 2013, putting the one-year odds at 1 in 28,208. The lifetime odds were one in 358.

Falls were so common they were broken into different categories. For instance, the lifetime odds of dying from falling on the stairs were 1 in 1,797, while the lifetime odds of falling from a ladder were 1 in 9,552.

At the bottom of the list was lightning strikes. The lifetime odds of being hit and killed by lightning sit at just 1 in 174,426.

When a loved one is killed through negligence and recklessness, the family members may be able to seek compensation. Clearly, since there is a 1one in 20 chance that an injury will be the cause of death, it’s critical to know how this process works.

Source: Insurance Information Institute, “Mortality Risk,” accessed Nov. 19, 2016

Family files wrongful death suit against police for child’s death

Posted on Tuesday, November 15th, 2016 at 5:59 pm    

There are endless ways that a life can be taken before its time, but one always hopes that it is not at least at the hands of those sworn to protect and to serve. Unfortunately for one Louisiana family, their child was killed in the course of a police chase, and they have brought a wrongful death claim against the police department and several police officers they allege are responsible.

The tragedy occurred in November 2015 when police engaged in a car chase with the boy’s father while the boy was a passenger. The chase came to an end when the police had the car cornered on a dead-end street. Two officers then opened fire on the vehicle, firing roughly 18 times into the vehicle. Some of the bullets struck the child in the neck and head. According to reports, the child was still alive for some time after being shot, but did not receive medical attention in time to be saved.

Some parties, including the family’s representation, have brought up that one of the issue at stake is the relatively low level of training that is required to be an armed officer on the street here in Louisiana. While the outcome of the suit is still unknown, the family will remain devastated for years to come. If any good can be brought out of such a senseless killing, it is hopeful that standards for training police will be raised in Louisiana, potentially saving more lives from being lost.

If you have a loved one who has lost their life unjustly or accidentally, you may be a candidate for a successful wrongful death suit. With the guidance of an experienced attorney, you can pursue justice for your loss and fight to keep others from suffering the same fate.

Source: Louisiana Record, “Autistic child’s wrongful death suit heads to court,” Gianni da Costa, Nov. 15, 2016

Helping teens prevent car accidents

Posted on Friday, November 11th, 2016 at 7:39 pm    

Louisiana parents give their children permission to drive with great trepidation. Indeed, fatal accident statistics tend to be the highest for the teen driver demographic. This is probably due to the fact that teens are new and inexperienced drivers, and they are often more likely to take risks just for the adventure of it while driving.

Let’s take a look at a few things Louisiana parents can advise their teens about in order to better safeguard their children from being involved in or causing a fatal crash:

— Eliminate distractions: Any modern parent has watched teens with their noses buried in their cellphones. Can you imagine this scenario with the teenager driving a car? It is important for parents to tell their teens to never use their cellphones while driving. Also, teens should avoid driving with fellow teen passengers as this can create serious distractions that commonly cause accidents.

— Drive the speed limit: Teenagers, with their sense of adventure and fun, often speed without thinking of the potential consequences. Parents may want to talk to their teens, not only about the dangers and potentially life-altering consequences of speeding, but also about the need to drive at a speed that is appropriate given the weather conditions. Drivers need to slow down in bad weather conditions not only for their own safety, but also because it’s the law.

— Using a seatbelt: Although using a seatbelt will not help a teenager avoid getting into a crash, it could save his or her life and prevent catastrophic injury in the event a crash occurs. As such, teens should be advised to require seatbelt use from themselves and from all other passengers in their vehicles.

Have you or a teenage family member been involved in an injurious or fatal accident? It may be possible to hold an at-fault party liable for financial damages by pursuing a personal injury or wrongful death claim in court.

Source: Teen Driver Source, “Car Accident Prevention,” accessed Nov. 11, 2016

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