Wrongful Death Lawyer Baton Rouge, LA
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Filing a Claim After Wrongful Death
The loss of a cherished person in a wrongful death accident can feel too much to bear, which is why our Baton Rouge, LA wrongful death lawyer may be sought for help. Families in the midst of grief may learn more about what happened to cause their loved one’s passing 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. Contact our team at Cashio Injury Attorneys, LLC today to schedule a free case evaluation. We have decades of legal experience fighting for victims. Don’t wait to secure financial justice for your wrongful death claim.
Table of Contents
- Filing a Claim After Wrongful Death
- Compensation for Wrongful Death Victims
- Baton Rouge Wrongful Death Infographic
- Baton Rouge Wrongful Death Statistics
- Baton Rouge Wrongful Death FAQs
- Cashio Injury Attorneys, LLC, Baton Rouge Wrongful Death Lawyer
- Contact Our Baton Rouge Wrongful Death Lawyer Today
We deeply empathize with families who lose a loved one because someone else decided to act without regard for their well-being. We understand the law and the legal options available for pursuing justice and restitution. We know money cannot bring your beloved person back, but at the bare minimum, we can make sure 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.
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. Louisiana law permits certain people to file of a wrongful death lawsuit. These are family members who may be permitted to pursue a wrongful death claim:
- 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, 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, our legal team is here to support you and guide you as you pursue justice in honor of your loved one who was taken too soon. For advice about what to do next, please call our personal injury attorney now for compassionate legal insight.
It’s important to note that the time limit for filing a wrongful death claim in Louisiana is one year from the date of the deceased’s death. If you believe that you may have a wrongful death claim, it’s important to contact our experienced attorney as soon as possible to protect your legal rights.
Types of Wrongful Death 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 working with our Baton Rouge wrongful death lawyer to file 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, and occupational accidents and illnesses.
Proving a Wrongful Death Case
In order to prove wrongful death, our wrongful death attorney 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.
Compensation for Wrongful Death Victims
If you have lost a loved one due to someone else’s negligence in Baton Rouge, Louisiana, you may be entitled to compensation through a wrongful death claim. The types and amount of compensation available in a wrongful death claim can vary depending on the circumstances of the case and the damages that have been incurred.
Some of the compensation that may be available in a wrongful death case in Louisiana, includes:
- Economic damages: This includes compensation for financial losses that have resulted from the death, such as medical expenses, funeral expenses, loss of income, and loss of future earnings.
- Non-economic damages: This includes compensation for non-financial losses that have resulted from the death, such as pain and suffering, loss of companionship, and loss of consortium.
- Punitive damages: In some cases, punitive damages may be available as a way to punish the responsible party for their actions and deter similar behavior in the future.
The amount of compensation that may be available in a wrongful death claim can vary widely depending on the specific circumstances of the case. Our experienced wrongful death attorney can help you understand the types of damages that may be available in your case and work to pursue the maximum compensation possible on your behalf. Attorney Jamie P. Cashio was born and raised in New Orleans and is passionate about helping personal injury victims in Louisiana. With over twenty years of legal experience, Jamie has a track record of success recovering damages for wrongful death claims.
Elements You Need to File A Case
A wrongful death case can erupt out of any kind of accident, and with help from Cashio Injury Attorneys, LLC, families may successfully hold the responsible party liable for taking the life of their loved one too soon. The surviving family and our 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. 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 wrongful loss.
Meeting the burden of proof for a wrongful death case can be complicated. 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 our 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.
Baton Rouge Wrongful Death Infographic
Baton Rouge Wrongful Death Statistics
According to the Insurance Institute for Highway Safety (IIHS), one of the leading causes of death in the United States is car accidents, responsible for more than 45,000 deaths every year. Although no amount money will ever make up for the death of a loved one, wrongful death cases are often the only way for the victim’s family to obtain any kind of justice for their death.
If you have lost a loved one because of another party’s negligence or recklessness, contact our office to meet with our Baton Rouge wrongful death attorney to find out how you can obtain financial justice for your loved one’s passing.
Baton Rouge Wrongful Death FAQs
Wrongful death occurs when someone is killed as a result of someone else’s negligence or wrongful actions. Unlike a personal injury claim, a wrongful death claim is brought by the surviving family members of the deceased to recover damages for their loss.
Liability in a wrongful death claim is determined by proving that the responsible party had a duty of care to the deceased, that they breached that duty, and that the breach directly caused the death.
Damages in a wrongful death claim can include compensation for medical expenses, funeral expenses, lost income, loss of companionship, and pain and suffering.
In Louisiana, the statute of limitations for filing a wrongful death claim is one year from the date of the deceased’s death. It’s important to contact our experienced injury lawyer as soon as possible to protect your legal rights.
At Cashio Injury Attorneys, LLC, we work on a contingency fee basis, which means that we don’t get paid unless we recover compensation for you. This allows us to provide high-quality legal representation to our clients without upfront costs or fees.
Our lawyer can help you understand your legal rights, investigate the circumstances surrounding your loved one’s death, determine liability, and pursue the compensation you deserve. We can also provide guidance and support throughout the legal process and help you seek justice for your loved one.
Our 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. We can provide legal representation and assistance to surviving family members, helping them manage 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.
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 imperative to consult with our wrongful death attorney as soon as possible so that you meet the necessary deadlines and preserve your rights to seek compensation. Our lawyers work on a contingency fee basis, which means we only get paid if we win the case or secure a settlement. Our fees are typically 25% of the compensation received, allowing families to pursue justice without upfront costs. It’s essential to discuss fees and payment arrangements with our lawyer during the initial consultation.
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 Louisiana laws. 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.
Our wrongful death lawyer 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. We will use our legal knowledge to present this evidence effectively and advocate for your rights in court or during insurance settlement negotiations. While it’s technically possible to handle a wrongful death case without our lawyer, it’s generally not recommended. Wrongful death cases can be challenging, involving legal procedures, negotiations, and litigation.
Cashio Injury Attorneys, LLC, Baton Rouge Wrongful Death Lawyer
9332 Bluebonnet Blvd 2nd Floor, Baton Rouge, LA 70810
Contact Our Baton Rouge Wrongful Death Lawyer Today
At Cashio Injury Attorneys, LLC, we understand the devastating impact that the loss of a loved one can have on a family. Our experienced Baton Rouge wrongful death lawyer is dedicated to helping our clients in Baton Rouge, Louisiana pursue justice and recover the compensation they deserve for their loss. We provide personalized, compassionate legal representation to each of our clients and are committed to fighting for justice on your behalf.
If you have lost a loved one as a result of someone else’s negligence, don’t hesitate to contact us for a free consultation. We can help you understand your legal rights, determine whether you have a wrongful death claim, and pursue the compensation you deserve. We are here to help you through this difficult time and fight for the justice you and your loved one deserve.