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Discovering that a loved one has passed away can be devastating enough. Some must consider that their loved one’s death might have been the result of someone else’s negligent actions. A wrongful death case can be emotional, confusing, and overwhelming. It’s not something you’ll want to go through alone. There’s nothing wrong with wanting justice, accountability, and financial compensation. You should speak with a Donaldsonville wrongful death lawyer.
The legal team at Gauthier Amedee understands how hard filing a wrongful death claim can be without the help of a dedicated Donaldsonville personal injury lawyer on your side. You may not know what your first steps in the filing process are.
One of the main reasons you should hire a Donaldsonville wrongful death attorney is to find out how the state’s wrongful death laws affect your case. Our firm can assist you in filing, gathering evidence, and seeking justice.
If you choose to go ahead with a wrongful death case in Donaldsonville, your case will most likely be handled in the 23rd Judicial District Court for Ascension Parish, which can be found in Gonzales on Worthy Street. This is the primary court with authority over civil actions in Ascension Parish. You need to make sure that your case adheres to the statute of limitations on wrongful death claims in Louisiana, which is one year.
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There are many different situations that can result in the wrongful death of a loved one. Essentially, a wrongful death claim is a personal injury claim on behalf of the deceased, as they would likely have filed such a claim if they had survived the incident. To move ahead with your case, you need to be able to prove that negligence was a contributing factor. Proving negligence can be difficult, but your lawyer can help.
Here are some of the most common causes of wrongful death:
There is no telling how much a wrongful death lawyer may cost you. Every wrongful death case is different. Some cases have unique contributing factors that have to be considered before your lawyer bills you for their services. Some of those factors include the complexity of your case, the evidence you have of negligence, whether or not the defendant is refuting liability, and your own lawyer’s experience with similar cases.
The success rate of wrongful death claims is generally higher than that of regular personal injury cases. Most of them are settled out of court through negotiation to spare the defendant further embarrassment.
Due to the tragic nature of a wrongful death case, a jury often tends to side with the plaintiff and award substantial damages, often including punitive damages. However, that’s not a guarantee that your case will automatically succeed.
The biggest payout for wrongful death in Louisiana varies based on the individual circumstances. Aside from medical malpractice cases, there is generally no cap on damages. You can pursue as much as you feel accurately reflects what you’ve been through and feel you are owed.
It’s not rare for wrongful death settlements to number in the hundreds of thousands of dollars or possibly even millions. Your lawyer can help you negotiate a settlement amount related to the damages you suffered.
In Louisiana, the burden of proof for a wrongful death case is a preponderance of evidence. This is easier to prove than guilt beyond a reasonable doubt, which is needed in a criminal case.
In a civil wrongful death case, you only need to prove that it is more than likely, at least over 50%, that the defendant’s negligence caused the wrongful death in question.
The wisest move you can make for your case is to hire a wrongful death lawyer to guide you through it. This allows you to focus on grieving and being there for your loved ones.
At Gauthier Amedee, we can bring decades of experience to your case and protect you from being taken advantage of. Contact us to speak to someone who can help.
As your dedicated and trusted Gonzales, LA, personal injury law firm, part of our responsibilities are defending your rights to
fair compensation against the aggressive, strong-arm tactics of insurance companies. We have spent decades fighting against
these tactics. We know how to stand up to them, that’s why we’re your Go2Laywers. The next time insurance adjusters come
calling, don’t talk to them. Direct them to your attorneys at Gauthier Amedee.
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