
There are few situations in your life that can be as horrific, confusing, and overwhelming as enduring a wrongful death. It is understandable to feel angry, vengeful, and worried all at the same time. You may not know exactly what to do when seeking justice and compensation in a case involving negligence. It is important to explore all avenues and do what is right for you. A Sulphur wrongful death & survival actions lawyer can build a case and argue on your behalf.
The legal team at Sanchez Burke has the right resources to pursue a survival action case against the individual who caused your loved one’s wrongful death. A Sulphur wrongful death & survival actions attorney can explain how the state’s wrongful death laws will apply to your case. Having someone by your side who has handled cases similar to yours can only benefit your situation.
If you decide to move forward with a wrongful death case in Sulphur, it will most likely be heard in the 14th Judicial District Court in Calcasieu Parish, which is in nearby Lake Charles. This court handles wrongful death claims resulting from numerous situations. It is vital that your claim adhere to the statute of limitations for such a case, which is generally one year in Louisiana.
A survival action case is different from a wrongful death claim. In a survival action case, you are pursuing a personal injury claim that the deceased likely would’ve filed had they survived the incident that killed them. Only the immediate family of the deceased can file a survival action.
Many scenarios can lead to a wrongful death. Since a wrongful death is usually treated as a personal injury case on behalf of the deceased, you will be required to prove negligence as a contributing factor to the death. You need to prove that the perpetrator owed a duty of care, breached it, caused the death via that breach, and owes the family damages. Here are some of the more common situations that can lead to a wrongful death case in Louisiana:
How much a lawyer may charge for a wrongful death case can vary. Every wrongful death case has its own unique contributing factors, and each needs to be considered before a personal injury lawyer gives you their quote. Those factors include:
Achieving success in a wrongful death case can be particularly difficult. The stakes can be high for everyone involved. You will need significant evidence that proves the exact details of what happened, along with the alleged defendant’s negligent actions. Without evidence, your case will be extremely difficult to prove. It is possible that your case will be settled before it goes to court, but you should prepare for a legal battle, nonetheless.
To succeed in a medical malpractice case, especially one that resulted in a wrongful death, you will need to prove four distinct elements:
In Louisiana, there is no maximum payout for a wrongful death case. Compensation is determined by analyzing the facts of the case at hand and focusing on the specific damages proven, which can sometimes number in the millions due to certain factors. The lone exception is medical malpractice cases, which do have a strict damage cap. Your wrongful death lawyer can prepare a number that accurately reflects your damages.
The most important thing you can do for your case is to hire a wrongful death & survival actions lawyer to take charge of your case. At Sanchez Burke, we have developed a strong reputation for handling complex cases with grace and efficiency. We have earned numerous accolades for our years of work, including a 10.0 Avvo Superb rating. Contact us to speak to someone on our team about how we can make your situation better.
For a free initial consultation, contact our Louisiana law firm online today or call us to speak with one of the firm’s talented attorneys.






