Louisiana Injury Lawyers Blog
At Cardone Law Firm, we firmly believe in fighting for those who have suffered the loss of a loved one due to a wrongful death caused by an accident with a semi-truck. If you have lost a loved one because of a large truck accident, know that even as you read about this sensitive subject, you have our deepest sympathies during this difficult time.
- Read more about personal injury accidents involving trucks.
What does the court take into consideration when filing a wrongful death claim?
The reality is not all deaths are considered wrongful – or caused as a result of negligence – in the eyes of the court.
In order to file a wrongful death claim, the loss of the decedent’s life must have resulted from another driver’s negligence, was a deliberate act, or was a result of reckless driving. There must also be measurable damages suffered by the surviving family members as a result of the loss of the decedent’s life.
Can I wait to file a claim?
We understand that the untimely loss of a loved one can be emotionally devastating and difficult to deal with. However, the statute of limitations in Louisiana for a wrongful death claim is one year. Once this time frame has passed, filing a wrongful death claim may not be possible.
It is essential that you act quickly for a number of reasons. Investigators only have so much time to evaluate the scene of the accident for any skid marks, review truckers’ log books, interview witnesses, and analyze other crucial pieces of evidence.
While we understand that you are grieving, anyone of the immediate family members can file the wrongful death claim — that is to say the spouse, children (of legal age), or parents. In some cases, grandparents, siblings, or legal guardians can also file.
With your trust, once we have the wrongful death claim in our hands, we will do everything we can to ensure you have time to heal, grieve, and to be at peace knowing we are fighting for the justice you deserve.
What does compensation cover?
If the wrongful death claim is filed in a timely manner and fits the previously mentioned legal criteria, damages may be sought for:
- Medical expenses – the cost of the medical services received because of the accident.
- Funeral expenses – the costs of burial, cremation, or funeral services.
- Pain and suffering – compensation for any suffering or discomfort caused by the event.
- Loss of consortium – covers relationships with the decedent that were negatively affected because of the accident.
A wrongful death claim may also cover other compensatory damages. Phone Cardone for your free consultation to explore what compensation may apply to your particular case.
Who is to blame?
The cause of the accident isn’t always solely the driver of the 18-wheeler, many of whom may be overburdened with tight deadlines and little sleep. It is often the trucking companies that set these harsh expectations to begin with, ultimately leaving them at fault.
Sometimes the driver of the tractor trailer and the trucking company have done everything right to avoid an accident. At times, the accident could have been caused by a mechanical failure in the truck itself, making the truck manufacturer at fault.
Because one or multiple parties may be responsible for the wrongful death, it is crucial to contact us as soon as possible to begin investigating your claim so that you may have a successful outcome. Getting an investigator to review the evidence early may discover other sources of compensation that would need to be paid out such as:
- Truck driver’s liability insurance
- Truck cabin’s insurance
- Trailer’s insurance
- Dispatch service insurance
- Company whose products were in transit
Are you suffering from the loss of a loved one because of a wrongful death semi-truck accident? Trust in our experienced car accident attorneys at Cardone Law Firm to guide you to the justice you deserve.
Let the dependable, trustworthy, New Orleans semi-truck accident attorneys at Cardone Law Firm fight for the justice you deserve. Phone Cardone today at 504-522-3333 to set up your free in-person consultation.