Abbeville Wrongful Death Lawyer

Abbeville Wrongful Death Attorney

Experiencing the loss of a loved one is complicated and stressful, especially when you also have to deal with a legal battle on top of it. If you lose someone due to the misconduct or negligence of another party, you may have grounds to file a claim. When it comes time to file a wrongful death claim, it is recommended to work with an Abbeville wrongful death lawyer.

The dedicated attorneys at Sanchez Burke, LLC, bring years of experience navigating these complex cases. We can help you secure the settlement you are entitled to for your losses. We understand that no amount of money can make up for this loss, but our trusted Abbeville personal injury lawyers work hard to pursue a fair amount of compensation to help cover your expenses.

Understanding Wrongful Death Cases in Louisiana

Wrongful death cases stem from fatalities caused by someone’s negligence or misconduct. Common types of wrongful death cases that our team at Sanchez Burke, LLC has handled over the years include:

• Animal attacks
• Medical malpractice incidents
• Motor vehicle accidents
• Slip-and-fall accidents
• Workplace accidents

Three of the five top causes of death for people between five and 29 years old are related to injuries. Based on recent injury statistics, it’s estimated that a person in the United States is killed due to an accidental injury from a preventable incident every three minutes. Recently, 222,698 people across the United States died from unintentional injuries in a single year.

No matter the cause of a wrongful death, it can be complicated to file a claim and successfully secure the compensation you are rightfully owed. That is where an Abbeville wrongful death lawyer can support you and advocate for your rights.

Recoverable Damages From a Wrongful Death Case in Abbeville

In Louisiana, eligible parties can file a wrongful death claim to recover economic and non-economic damages related to their own losses. This includes both direct costs related to the incident, such as burial and funeral costs, and intangible costs such as loss of companionship and loss of the victim’s income and benefits.

Additionally, they can file a survival action to recover damages pertaining to the victim’s suffering before their passing, the loss of income, accrued medical bills, and the victim’s pain and suffering before their death. When you hire a wrongful death lawyer in Abbeville, they can determine the total of all the damages you are owed and pursue full compensation.

What If More Than One Party Is Responsible?

If you believe more than one party is responsible for your loved one’s wrongful death, your legal representation can investigate and name all individuals or entities in the filing. In Louisiana personal injury law, the court determines the degree of fault of each defendant in a wrongful death case. It can be beneficial to name multiple defendants because it improves your chances of recovering a fair settlement that covers the extent of sustained losses and damages.

A wrongful death case that names more than one defendant is more common and more complex than you may expect. It is strongly recommended that you work alongside a skilled attorney who knows how to handle complicated cases with multiple investigations and individual evidence.

Who Can File a Wrongful Death Claim in Abbeville, LA?

When filing a wrongful death claim on behalf of someone else, it is critical to know who is eligible to do so and which parties take priority. Only certain people are eligible to file a wrongful death claim on behalf of a lost loved one in Louisiana. People who can bring forward a wrongful death action include the deceased person’s surviving spouse, children, mother and father, brothers and sisters, and grandfather or grandmother.

The state also recognizes an order of priority for who can file. Only parties in the highest surviving class can file a wrongful death action. If no potential relative in the highest class is alive or capable of filing, the ability falls to the next highest class, and so on. Under the Louisiana Civil Code, the order is as follows:

1. The surviving spouse and the deceased’s child or children, or either the spouse or child(ren)
2. The surviving mother or father, or either party if the deceased left no child or spouse
3. The surviving sisters or brothers, if the deceased individual left no surviving spouse, child, or parent
4. The surviving grandmothers and grandfathers, if the deceased left no surviving spouse, child, parent, or sibling

In rare cases where no eligible relatives survive, it may be possible for other extended relatives, like uncles, aunts, or cousins, to file a wrongful death claim on behalf of their deceased family member if significant financial dependency is established.

However, being financially dependent on the deceased does not automatically make you eligible. It is worth consulting a qualified and experienced wrongful death attorney if you are unsure about your ability to move forward with a claim.

Filing for Adopted, Step, or Abandoned Relatives

It is important to note that Louisiana’s hierarchy laws for wrongful death actions would also apply to a child, brother, sister, father, mother, grandfather, or grandmother gained by adoption, respectively. Stepchildren or stepparents, or any other step relatives gained through marriage only, generally cannot pursue a survival action unless a legal adoption took place.

State law also specifies what happens in instances of child abandonment. If the father or mother abandoned the deceased individual when they were a minor child, they are deemed as not eligible surviving relatives and thus unable to file a wrongful death claim. Abandonment is presumed if a father or mother left their child for a period of at least 12 months, in addition to failing to provide care and support without just cause, showing an intent to permanently avoid parental responsibility.

In the event that the deceased individual left no surviving and eligible spouse, child, parent, sibling, grandparent, or other beneficiary, an executor or other succession representative of the estate may pursue a survival action. In these cases, any compensation recovered can be used to settle financial obligations, such as debts of the estate or funeral expenses, before being fairly distributed to any rightful heirs.

How Long Do I Have to File a Wrongful Death Case?

Another aspect to remain aware of when filing a wrongful death claim or survival action is the statute of limitations, known as a prescriptive period in Louisiana. If you are able to file a wrongful death claim, you must do so within one year of the victim’s death or two years from the day of injury or damage, whichever is longer. The deadline for a survival action is the same, although the two are distinct legal filings.

Cases involving medical malpractice also have specified considerations regarding deadlines. State law asserts that any legal actions claiming medical malpractice must be filed within one year of the date the alleged malpractice or negligence occurred, or within one year from the date of discovery of the alleged wrongdoing. Additionally, claims filed within a year of the date of discovery must also be within three years of the date of the alleged malpractice or negligence.

This means that if you wish to claim medical malpractice on behalf of your loved one, it must be within a year of when the malpractice occurred, or if the malpractice wasn’t apparent right away, you must file within a year of discovering the damage, as long as three years haven’t passed since the malpractice occurred.

It should be noted that deadlines can depend on the facts and details of the case, so it is advised that you speak with a qualified lawyer before deciding whether to move forward or not in your unique circumstances. For example, the prescriptive period may be interrupted or suspended under certain circumstances. An Abbeville wrongful death attorney can help you file on time, keep your case on track, and communicate with you throughout the process.

Where Is a Wrongful Death Claim Handled?

Personal injury claims, including wrongful death claims and survival actions, fall under civil law, rather than criminal law, and related proceedings would take place in a civil court. A wrongful death case in Abbeville, LA, in Vermilion Parish, would most likely be processed by the 15th Judicial District Court system. The Vermilion Parish Courthouse is located at 100 North State Street, Abbeville, LA 70510.

The legal venue can vary depending on the details of your case, so be sure to verify with your wrongful death attorney at which courthouse you can expect to file or otherwise have proceedings.

How Long Does a Wrongful Death Case Take?

There is no standard timeline for a wrongful death case in Louisiana because each situation is different, and various factors can impact how much time is needed to fully settle the matter. Some factors that can affect the timeline are whether or not negotiations are successful or the case proceeds to court. A skilled Abbeville wrongful death attorney can help avoid delays in the progress of your case.

Your Trusted Abbeville Wrongful Death Lawyers

You are not legally obligated to work with a Lafayette wrongful death attorney, but it can take a lot of stress off your shoulders. Sanchez Burke, LLC has decades of experience navigating complex wrongful death cases. We can confidently guide you through your case with compassionate support while helping you secure the settlement you deserve for your losses.

Our Abbeville wrongful death attorneys are:

• Rated 10.0 by Avvo
• Rated as Rising Stars by Super Lawyers®
• Recognized in Acadiana Profile Magazine’s “Top Lawyers of Acadiana”
• Recognized in Best Lawyers: Ones to Watch

Whether it is negotiating a fair deal out of court or representing you through complex litigation, our legal team is there to help you through your case.

FAQs About Abbeville, LA Wrongful Death Laws

Who Can File a Wrongful Death Claim in Abbeville?

Under Louisiana law, certain family members are able to file a wrongful death claim to recover damages on behalf of a loved one. Louisiana follows an order of priority on who can file this claim, starting with the decedent’s spouse and children. After that, the list of eligible claimants continues with the victim’s parents, siblings, and grandparents. If none of these people are able to file the claim, the executor of the decedent’s estate can file the claim instead.

What Are Common Causes of Wrongful Death Claims in Abbeville?

Wrongful death cases can stem from any number of incidents involving misconduct or negligence. Our team at Sanchez Burke, LLC, has worked on countless wrongful death cases involving animal attacks, medical malpractice, motor vehicle accidents, premises liability incidents, and workplace accidents. No matter the nature of the incident, it is important to understand your rights to compensation after an accident caused by a negligent party.

Do I Have to Hire a Wrongful Death Lawyer to File a Claim in Abbeville?

You are not required to hire a wrongful death lawyer to file a claim in Abbeville, but an attorney can make securing your settlement easier and greatly increase your chance of success. In addition to evaluating your claim and gathering evidence to strengthen your case, your attorney can negotiate deals on your behalf and represent you in court if the case enters litigation. They can also help with any challenges that may arise along the way.

What Happens if I Lose a Wrongful Death Case in Abbeville?

If you don’t secure a settlement after going through the claims process, you won’t be responsible for attorney’s fees at Sanchez Burke, LLC. Our Abbeville wrongful death lawyers work on a contingency fee basis, which means you won’t have to pay any attorney fees if we are not successful with your case.

What If Multiple People Can File a Wrongful Death Claim?

In the state of Louisiana, if multiple eligible beneficiaries are able to file a wrongful death claim, it is generally required for them to participate in a single, unified action as opposed to filing separately. For example, children of the deceased have as much right to file as a surviving spouse and can join the claim or be represented by the spouse if they are minors. Of course, the filing hierarchy still applies.

Hire a Wrongful Death Lawyer You Can Trust in Abbeville, Louisiana

Experiencing the death of a loved one is complicated and difficult enough without having to worry about legal matters such as filing a wrongful death claim. An Abbeville wrongful death attorney can take over all of the legal details, such as filing your claim and skillfully negotiating a fair settlement.

No matter the complexity of your case, you can count on Sanchez Burke, LLC to be by your side during this difficult time. If you are ready to discuss your case in more detail, get in touch with a member of our team to set up a consultation today.