The worst-case scenario. The last thing you ever imagined happening. Wrongful death due to the negligence of another person or company.
Most likely, you have come to a lawyer’s website because of an accident from no fault of your own. You review your case type, absorbing as much information as possible. After all, there are several options for a lawyer and you want to ensure you make the right call.
Unfortunately, some of you reading this page after the unthinkable has happened. Someone you love has passed away. What’s even more unfortunate is the fact that their life has been lost through no fault of their own. Some terrible accident or act of gross negligence has cost you and your family something more precious than gold.
When a wrongful death occurs, several factors require a speedy conclusion. Medical bills incurred before passing, funeral expenses, as well as the loss of not only financial support, but emotional support will weigh heavily on your family. As such, the Law Offices of L. Clayton Burgess are here to fight for your family.
Wrongful death claims
Louisiana Civil Code 2512.2, covers cases occurring when one seeks compensation after a person “dies due to the fault of another”. A wrongful death claim is filed on behalf of the deceased by the surviving family. There are a multitude of reasons a person may die through no fault of their own. Such reasons include:
- Medical malpractice
- Defective products
- Automotive accidents
- Commercial automotive accidents
- Slips and falls
- Construction site accidents
No matter the cause of the accident, it is important to seek justice. The Law Offices of L. Clayton Burgess provide their services on a no-win/no-pay basis. Your income level does not and will not prevent you from obtaining a Lafayette wrongful death attorney.
Why do I need a wrongful death attorney?
After any accident with injuries, emotions will be running high. The initial shock and adrenaline rush make it very hard to think. In the event of a wrongful death, emotional trauma will make pursuing a case objectively very difficult. Having a trained and experienced legal team on your side will make the proceedings go far smoother. Having a team to fight for you in court will make this fight far less stressful for you and your family.
The most important thing to remember after a wrongful death is that you must remain calm and focused. The human need for revenge is a strong and aggressive need. Wrongful death claims are civil matters once they reach court. As such, the evidence must do all of the talking. Your wrongful death lawyer should have the focus and expertise to gather that evidence and present it in a fashion that proves negligence by the other party. It will be up to them to take on your stress and express how this incident has affected you in a court of law.
Each section of this website has information on the various types of law we practice. Each of these sections will have valuable information on what kind of evidence we will need and how it will be used. The Law Offices of L. Clayton Burgess have over 20 years experience in dealing with a wide range of cases. Our ability to prove such cases for living clients will prove useful in seeking justice on behalf of the deceased.
Factors that our legal team will review include:
- Did the victim’s death result from negligence of the defendant?
- Is this defendant negligent or strictly liable for this death?
- Does the victim have surviving family members or dependents?
- Did this death result in financial damages?
In a wrongful death claim, damages are broken down by economic and non-economic damages. Economic damages are easy enough to understand as they are direct financial impacts on your life. Non-economic damages may not have an immediate financial impact, but may be worth even more to you than just plain dollars and cents. Economic damages include:
- Funeral and burial expenses
- Medical expenses
- Lost wages and benefits
- Value of lost household services
Non-economic damages include:
- Surviving family member’s pain and suffering/mental anguish
- Expenses for grief counseling
- Loss of the love and companionship from the deceased
- Loss of consortium from a deceased spouse
These non-economic damages are often the ones that cut us the deepest. As such, your Lafayette wrongful death attorney will stop at nothing to get the job done for you. Additionally, punitive damages may be awarded in the case of grossly negligent actions. Such damages are meant to be a form of punishment for the defendant. As some companies and corporations have deep pockets, it is important to have a legal team willing to go the extra mile to dig deep into those pockets for retribution.
Another important factor for your consideration in a wrongful death claim is time. The statute of limitations for a wrongful death is one year. After the passing of a loved one, it may be very hard to pursue a claim. Mental anguish and grief cloud our judgment. The idea of a potentially lengthy courtroom battle may be the last thing you want to think about.
After the passing of a loved one, it is important to be strong. This strength is not only for yourself, but your family as well. The strength to see the matter to a conclusion can be hard to find after incredible emotional trauma. The longer that the claim is put off, however, the more likely it is that the claim will be pushed back beyond the statute of limitations. While it may be difficult to do, seek legal advice as soon as possible after a wrongful death. The evidence gathering process will occur immediately after the incident. It is important to gather that evidence as soon as possible.
The process of dealing with the death of a loved one is tiring, difficult, and painful. The process of dealing with a wrongful death claim does not have to be. Grief is one of the most powerful human emotions. It warps our thoughts and skews our priorities. Priority one must always be your family. Ensuring your family is cared for emotionally and financially may be more difficult, but not impossible.
The Law Offices of L. Clayton Burgess can help you to ensure that level of financial care. Our office operates by only receiving compensation upon victory. We do not tolerate losing because you will not tolerate losing. Our locally-based, locally-focused team has the tools to get the job done. Our free initial consultation will center on showing you how we can fight for you given the evidence from the wrongful death. Should a loved one pass through no fault of their own, let us win for you.