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 auto accident.
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.
If you have lost a loved one in a fatal car accident, you should speak to a personal injury attorney. An accident attorney can 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.
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. These cases are complex, and it can be difficult to know what you’re owed and how to get it. 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. Whether it takes legal action or not, we’ll let you know what to expect.
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.
Fatal car accident cases 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 motor vehicle 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 serious injuries or a tragic death.
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:
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.
Mr. Cardone represents car accident victims and their families in New Orleans and throughout Louisiana.
In Louisiana, qualifying family members of car accident victims have one year from the date when the accident occurred in which to officially begin the legal process if they plan to file a lawsuit. There may be exceptions for certain types of cases and circumstances. To learn more about how long you have to file, your best option is to contact a car crash attorney in Louisiana.
While fatal car accidents are relatively rare, they do happen, and there are some types of injuries that are more likely to lead to death. A few of the most common types of severe injuries that may lead to a wrongful death suit include:
While a fatality can happen during any type of accident, some types of accidents are more likely to result in death. As we discussed above, accidents involving a reckless, negligent driver are more likely to cause a fatality. In addition, drunk driving accidents, distracted driving accidents, semi-truck accidents, and motorcycle accidents may all be more deadly than other types of crashes.
While it is possible to sue individuals for wrongful death compensation in case of a fatal car accident in New Orleans, there is one key issue to keep in mind: most individuals are not able to afford the type of high-dollar settlement you deserve after the death of a loved one. Even if you can successfully negotiate a settlement agreement, it’s unlikely that the individual defendant will have the funds needed to cover your damages. In these cases, people may declare bankruptcy or take other steps to avoid covering settlements they’ve been ordered to pay. If you’ve lost a loved one in a car accident with an uninsured driver, it’s important to seek help from a New Orleans accident attorney to determine the right path forward, whether or not that means filing a lawsuit.
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