The sudden loss of a loved one due to a car accident often causes not only shock and emotional distress but also results in significant monetary losses. While no amount of money can repair the harm caused by the death of a loved one, financial compensation can help address the economic blow caused by the accident. Thus, if you have lost a loved one in a fatal car accident, you should speak to an attorney to discuss the compensation that you may be able to recover via a wrongful death action and a corresponding survival action. Cliff Cardone at the Cardone Law Firm is an experienced New Orleans car accident lawyer who is committed to helping families of victims assert their rights.
Fatal car accidents are typically caused by reckless driving. For example, if a driver is driving at an excessive speed and collides with another vehicle, the force of the impact is often fatal. In other cases, fatal accidents may be caused by drivers impaired by drugs or alcohol, or distracted by cell phones or GPS systems. When a driver does not give his or her full attention to the road for any reason, it can lead all too swiftly to a tragic death.
If a victim succumbs to injuries sustained in a car accident, the victim’s relatives may be able to recover compensation in a wrongful death lawsuit. Meanwhile, the victim’s estate can recover other types of damages in a survival action. Under the applicable provisions of the Civil Code, only certain parties can pursue wrongful death or survival damages. Specifically, if the deceased person left behind a spouse or child, they have the first right to seek damages in a lawsuit. If not, the deceased person's parents may file the claim. If they have no living parent, any sibling may file the claim. Finally, if the deceased person had no living spouse, child, parent, or sibling, his or her grandparents can pursue a wrongful death or survival action.
In a lawsuit based on a fatal car accident, the plaintiff must prove that the defendant is liable to recover damages. Generally, the plaintiff’s lawyer must show that the defendant was negligent. In Louisiana, a plaintiff seeking to prove negligence in a wrongful death or survival action must show that the defendant owed a duty to the deceased person, the defendant breached the duty, and the breach caused the accident and the deceased person’s death. The plaintiff does not need to prove that the breach was the sole cause of the accident, however. Instead, the plaintiff must show that the accident would not have occurred without the breach, and the breach was a significant factor that contributed to the accident.
The damages recoverable in a wrongful death lawsuit include any reasonable funeral expenses, medical bills for any treatment of the injuries that led to the victim’s death, lost wages, loss of household services, and the loss of care and companionship caused by the deceased person's death. In a survival action, the estate of the deceased person can recover compensation for the pain and suffering that the deceased person experienced before dying, as well as any lost earnings between the date of the accident and the date of the victim’s death.
If you have lost a loved one in a fatal car accident, you may be able to recover damages from any parties that were at fault. Attorney Cliff Cardone will carefully investigate the facts of your case and develop strong arguments on your behalf to help you seek the full amount of damages available. Mr. Cardone represents victims and their families in New Orleans and throughout Louisiana. Phone Cardone. You can reach us through the form online, at 866-509-8980 to schedule a free appointment.
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