When someone loses their life because of another party’s negligent actions, that party should be held accountable. While filing a lawsuit is the last thing surviving family members want to think about, a lawsuit can provide compensation for the losses they have suffered.
Galloway Jefcoat’s Lafayette Personal Injury Lawyers are here to help families during this difficult time. Our law firm has secured millions in compensation for our clients. Founding partners John Jefcoat and Rusty Galloway are passionate advocates of justice for victims of negligence and their families.
When you hire our firm, you can rest assured we will manage every aspect of your case and defend your best interests at every stage of the legal process. There are also no upfront costs – we do not get paid unless we secure compensation.
Why You Need an Experienced Attorney For a Wrongful Death Claim
One of the main reasons to contact an experienced lawyer after a loved one’s death is to determine if there may be grounds for legal action. Galloway Jefcoat has decades of experience with personal injury cases, and we know when other parties may be liable for a serious or fatal injury.
If you have a case, and you hire our lawyers, we can manage everything from start to finish, including:
- Investigating your loved one’s death
- Communicating with the liable insurance company and their attorneys
- Answering your questions and updating you on the status of your case
- Negotiating for full compensation
- Preparing to take the case to trial
- Fighting for full compensation in the courtroom
- Consulting experts to help determine the value of damages
- And more
Visit the reviews page of our website to see what our clients have said about hiring our firm in their time of need.
"I have used Galloway Jefcoat a few times and have always been very satisfied. Furthermore, all of the people who work there are very professional, nice, and courteous."
How Does Louisiana Define Wrongful Death?
When someone dies and another person is at fault, it is defined as a wrongful death under Louisiana law. People can be at fault for failing to uphold a duty of care owed to another person. If your lawyer can prove a direct connection between a breached duty of care and a fatal injury, there may be grounds for a wrongful death case.
How Wrongful Death Occurs
Wrongful death is often the result of one person’s negligent or careless actions. Those of a negligent driver who causes a serious crash, including:
- Head-on collisions
- Impaired driving crashes
- T-bone collisions
- Pedestrian or bicyclist crashes
- Commercial truck accidents
- Bus accidents
Wrongful death could be the result of medical malpractice by a doctor or other health care provider. Wrongful death could also be the result of criminal activity, such as physical violence.
"Galloway Jefcoat are amazing professionals who are very client focused. They will guide you thru all the details to help get your litigation solved. I was involved in a crash that ultimate required a knee replacement"
Who Can File a Louisiana Wrongful Death Claim?
Wrongful death claims are not the same as other personal injury claims. While anyone who was injured by another’s negligence can file a personal injury claim, there are limitations on surviving relatives who can file a wrongful death claim. Under Louisiana Civil Code Article 2315.2, wrongful death lawsuits may be filed by:
- Surviving spouses and children
- Surviving mothers or fathers
- Surviving brothers or sisters
- Surviving grandparents
If the victim did not have a spouse or child, the mother or father can file a wrongful death lawsuit. If there are no surviving spouses, children, or parents, surviving siblings can file a lawsuit. If there are no surviving spouses, children, parents or siblings, surviving grandparents may be able to bring legal action.
Surviving family members who are not related by blood but by adoption can also file wrongful death lawsuits in Louisiana.
"As a client of Galloway Jefcoat for over two years I want to take a minute to say how much I appreciate the team handling my case."
Who Can Be Held Liable For Wrongful Death in Louisiana?
Sometimes individual people are liable for wrongful death, such as negligent drivers of passenger vehicles or commercial trucks. Bus drivers, health care providers and property owners could also bear liability for wrongful death.
Sometimes there are other entities that may share liability or be fully at fault for wrongful death, such as:
- Product manufacturers if the death resulted from a defective product
- Hospitals or medical facilities
- Trucking companies
- Cargo-loading companies
- Construction companies if there was a construction accident or crash
At Galloway Jefcoat, we have been identifying liable parties for decades. We know how to determine what happened in an accident and how another party failed to uphold a duty of care.
"Great experience, from day 1 I felt like I finally had someone on my side and that feeling didn't leave me for 1 single moment."
Compensation in a Wrongful Death Case
Unlike other types of personal injury cases, wrongful death cases are about compensating survivors of the deceased for the losses they have suffered, including:
- The cost of the funeral and burial
- Loss of the deceased’s future income
- Lost inheritance
- Lost benefits, such as health insurance and retirement savings
- Loss of household services
- Lost companionship
- Lost emotional support
- Grief and anguish
Louisiana does not cap damages in personal injury lawsuits. However, if the wrongful death resulted from medical malpractice, victims cannot recover more than $500,000. This excludes compensation for future medical costs.
There are many factors in the value of wrongful death damages, such as the deceased’s age, job, education, life expectancy and more. Our experienced Lafayette wrongful death lawyers have in-depth knowledge of how to evaluate economic and non-economic damages. While we know compensation cannot change what happened, it can be vital for families who have suffered a devastating loss.
How Much Time Do I Have To File a Lawsuit For a Wrongful Death?
Louisiana sets a one-year statute of limitations, which means you have one year from the date of the death to take legal action. You cannot file a lawsuit more than one year after the date of death.
One year is an incredibly short amount of time considering how many steps are involved in investigating and building a case. That is why it is vital that families contact a lawyer quickly.
Filing a lawsuit is not only about recovering compensation but also holding the at-fault party accountable.
How Long Does a Wrongful Death Case Take?
It depends on the specifics of the case. However, lawsuits can take a long time to reach their conclusion. There are many steps that precede a courtroom trial. It can take a while to get a court date, depending on how many other cases are in front of yours.
The sooner you contact a lawyer, the sooner he or she can get to work building your case.
What You Should Know About Survival Actions
Some people may confuse survival actions with wrongful death lawsuits, but they are different types of claims. While wrongful death claims are about compensating the survivors of the deceased, survival actions are about securing compensation for the damages the deceased suffered before death.
Survival actions are meant to recover compensation for things like medical costs, pain and suffering, and lost wages suffered prior to death.
If your loved one suffered a fatal injury because of another’s negligence, our firm may be able to help you seek compensation through a wrongful death claim and potentially a survival action.
Call the Lafayette Wrongful Death Lawyers at Galloway Jefcoat
When you consider taking legal action after a tragedy, you need to find an experienced law firm that will be committed to your best interests throughout the legal process. Galloway Jefcoat has been a trusted advocate for Louisiana residents for decades.
Calling our firm comes with no financial risk, as the initial consultation is free. If you hire our firm, there are no upfront fees or costs and no fees while working on your case. Our goal is to fight for your family’s best interests throughout the legal process.
"Galloway Jefcoat helped me at a time when I felt lost and taken advantage of by my employer."
