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A St. Amant wrongful death lawyer can provide support and legal guidance to surviving family members after an incident that caused a death as a result of carelessness, negligence, or other wrongful conduct. Some of the most common types of cases involve motor vehicle crashes, workplace accidents, mistakes during medical treatment, and injuries on unsafe property.
After the death of a loved one, family members are often left with difficult legal and financial matters to navigate, such as lost wages, funeral expenses, and loss of companionship, support, or services that the deceased would have provided.
An experienced St. Amant personal injury lawyer at Gauthier Amedee represents families in St. Amant and elsewhere in Livingston Parish who have lost a loved one in a fatal accident.
Gauthier Amedee investigates and litigates wrongful death claims involving catastrophic and fatal injuries in St. Amant and Livingston Parish. These cases typically involve a comprehensive analysis of the facts to determine how the accident occurred and whether one or more parties are legally responsible.
Accident reports, medical records, witness interviews, and insurance policies may be important sources of information during the investigation process. Documentation may also be required about the deceased person’s employment, income, and household contributions.
Since multiple sources of liability may be involved and the consequences may be long-lasting for surviving family members, careful preparation and factual analysis are essential components of the civil review process.
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Louisiana laws set out specific priorities for which person or persons may file a wrongful death claim. In most cases, the first right to file belongs to a surviving spouse and children. If there is no surviving spouse or child, the right to file may pass to the deceased person’s parents. If the parents are deceased, siblings or grandparents may be able to pursue a claim.
Only individuals specifically identified by the law have standing to file a wrongful death claim, regardless of the closeness of their relationship to the deceased person. This requirement applies even if the decedent left a will, so claimant eligibility must be addressed at an early stage.
Surviving family members are the focus of wrongful death claims in terms of the losses they suffered. These are often loss of financial support, loss of the decedent’s services, funeral and burial expenses, and loss of companionship or guidance.
Documentation of the deceased’s earnings, financial support, services performed, or family position may be necessary in the civil process. Examples include employment records, financial statements, invoices, or testimony about the decedent’s family role. Different losses may be applicable depending on the claimant’s relationship to the decedent and the unique facts of the fatal event.
Car accidents are one of the most common reasons for wrongful death claims in Livingston Parish, including St. Amant. The Louisiana Department of Transportation and Development reported 997 fatalities in traffic crashes statewide in 2022.
There were 104 fatal occupational injuries in Louisiana in 2023. Workplace accidents, commercial vehicle crashes, medical negligence, and unsafe property conditions can also result in a fatal incident. Evidence may include police reports, medical records, and professional analysis to determine how the fatal incident occurred and whether negligence was involved.
An accident that causes a death is usually investigated to determine how the accident occurred. Common sources of information are police or incident reports, medical records, witness statements, and physical evidence. Other sources of information may be required to review, such as vehicle data, workplace safety records, maintenance logs, and so on.
An investigation may also require coordination with medical professionals or accident reconstruction professionals. The number and type of sources and the extent of the investigation depend on the type of accident and the number of potentially responsible parties. Developing an accurate factual record is the first step in assessing a wrongful death claim.
A wrongful death case may take weeks, months, or longer, depending on factors like incident complexity, involved parties, and liability disputes. Some cases settle after investigation and document review, while others require litigation. Gathering records, consulting professionals, and assessing damages can take months. Court schedules and procedural requirements may also impact the case’s active duration.
A wrongful death claim may have multiple defendants. For example, a defendant may be the driver who caused an accident, the driver’s employer, a property owner, a contractor, or a product manufacturer. Thoroughly reviewing accident reports, contracts, insurance coverage, and other relevant records will help identify all potentially responsible parties. The number of defendants may impact how liability is evaluated and how the case proceeds.
Wrongful death claims are different from personal injury claims in terms of their focus and legal framework. Personal injury claims arise from harm to an injured individual, while wrongful death claims focus on losses suffered by surviving family members after a death. These types of claims involve different categories of damages and may have varying procedural requirements. The legal proceedings for these claims take place within the civil court system.
The fatal incident’s location can impact where the claim is filed and the court’s jurisdiction. A claim can be brought to the parish where the incident happened or where a defendant lives or does business. The location can also influence evidence gathering, witness availability, and specific procedural rules. Local court procedures may also affect how the case moves through the civil court system.
When you hire a wrongful death lawyer from Gauthier Amedee, we can help you and your family understand the civil process, deadlines, and procedural steps involved in pursuing a claim as you navigate the death of your loved one. Contact our experienced St. Amant wrongful death lawyers to schedule a consultation today.
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