The Process of Filing a Wrongful Death Claim After a Fatal Car Accident in Louisiana

A New Orleans lawyer can fight for the financial support your family needs

Losing a loved one in a car accident is heartbreaking, especially when someone else’s negligence is to blame. If you’re a surviving family member of someone who died in a crash in Louisiana, a wrongful death claim can offer you the financial support you need while holding the responsible party accountable.

In Louisiana, certain family members are eligible to seek compensation, but the process can feel overwhelming, especially when dealing with insurance companies.

What is a wrongful death claim?

In Louisiana, a wrongful death claim is a lawsuit that eligible family members can file when someone’s death results from another party’s negligent or reckless behavior. The purpose of this claim is to compensate family members for their losses due to the deceased’s untimely death.

Under Louisiana law, a wrongful death claim seeks to hold the responsible party accountable for the financial, emotional, and psychological impact on the victim’s family.

Who can file a wrongful death claim in Louisiana?

Louisiana follows a unique family hierarchy and has strict rules about who can file a wrongful death claim. Only the deceased’s spouse and children can file a wrongful death claim initially. If no spouse or children survive the deceased, then the claim can be pursued by the parents of the deceased.

If there are no surviving parents, then siblings may file the claim, and if there are no siblings, then grandparents are eligible to file. Other family members or friends can’t file a wrongful death claim, regardless of their relationship to the deceased.

What steps are involved in filing a wrongful death claim?

To pursue a successful wrongful death claim in Louisiana, be sure to follow the steps outlined below.

Step 1: Gather essential documents and information

Collecting necessary documents is the first step in filing a wrongful death claim. Important documents for wrongful death cases include:

The death certificate and any autopsy reports, if available.
Medical records detailing the deceased’s injuries and treatments.
The crash report documented by police at the scene, which provides valuable information about the circumstances that led to the deceased person’s death.
Witness statements or contact information to support your claim.
These records provide a foundation for the claim, showing the connection between the fatal accident and the responsible party’s actions.

Step 2: Contact a wrongful death attorney

Working with a wrongful death attorney can make the filing process smoother and more manageable. A New Orleans wrongful death attorney can help you gather evidence, investigate the car accident, and understand your legal rights. Additionally, an attorney can guide you through each step of the claims process.

Step 3: Investigate the car accident and establish liability

For a successful claim, your attorney must demonstrate that the other party’s negligent or reckless behavior caused the fatal crash.

After obtaining the initial documents, an attorney can begin investigating the fatal car accident to establish liability. This may involve hiring accident reconstruction experts, consulting with medical professionals, or analyzing the crash scene in detail.

Step 4: File the claim within Louisiana’s statute of limitations

In Louisiana, the statute of limitations for filing a wrongful death claim is one year from the date of your loved one’s death. Missing this deadline can mean losing the right to seek compensation. Your attorney will ensure that all paperwork is filed accurately and within this timeframe, so your claim can move forward without delays.

Step 5: Calculate damages in a wrongful death claim

Damages in a wrongful death claim vary based on the specific losses suffered by the deceased’s family. Generally, Louisiana wrongful death claims seek compensation for:

Medical bills and treatment expenses incurred before death.
Funeral and burial costs.
Loss of income, including future earnings the deceased would have provided.
Loss of companionship, love, and guidance.

A New Orleans car accident and wrongful death attorney can calculate these damages by analyzing medical records, evaluating lost future income, and considering the emotional toll on you and your family.

Step 6: Negotiate or pursue litigation if necessary

Once your wrongful death claim is filed, the responsible party’s insurance company may attempt to settle the case. In many cases, your attorney can negotiate a fair settlement without going to trial.

However, if the insurance company can only offer a settlement that doesn’t cover the full extent of your family’s damages, your attorney may recommend taking the case to court. During litigation, they’ll present evidence, call witnesses, and argue on behalf of your family to maximize the compensation awarded.

What should I expect during the wrongful death claim process?

Filing a wrongful death claim can be a lengthy process and can often take several months or more. Initially, your attorney will gather key evidence and submit the claim.

Next, the case may enter negotiations with the insurance company, which could take several weeks or months. The timeline often depends on the insurance company’s response. If the claim proceeds to trial, the process may extend further, depending on court schedules and the complexity of the case.

Throughout this period, attorneys provide updates and guidance, helping families understand what to expect and how the case is progressing.

What are common challenges in wrongful death claims?

Filing a wrongful death claim after a fatal car accident is rarely straightforward. Families may face several challenges during the process, including:

Insurance company tactics: Insurance companies may try to minimize or deny liability to reduce your settlement. They may argue that the deceased was partially at fault or attempt to downplay the impact on the family’s finances.
Establishing fault: Proving that the other party was responsible for the car accident can be challenging, especially if the crash involved multiple vehicles or conflicting witness statements.
Emotional toll on family members: Pursuing a wrongful death claim can be emotionally draining for family members. An attorney can help ease this burden by handling the legal aspects and keeping your family informed at every stage in your case.

Seek justice for your loved one with help from a New Orleans wrongful death attorney

Losing a loved one in a car accident caused by another’s negligence is devastating. The Law Offices of John S. Williams is here to provide the support and guidance your family needs during this difficult time.

With more than 15 years of experience in wrongful death cases, attorney John S. Williams knows what it takes to seek justice and financial recovery for families who have lost someone due to recklessness or wrongdoing. That includes $500,000 to a minor whose father died in a crash after a commercial truck driver failed to attach a trailer hitch.

We work on a contingency fee basis, so you won’t pay any legal fees unless we successfully recover compensation for your family. During your free consultation, you’ll have a chance to discuss your case, ask questions, and understand your legal options. Contact us online or call us today to schedule your no-obligation consultation and take the first step toward justice.

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