After losing a loved one in a car accident, you and your family may feel overwhelmed by grief, confusion, and questions about what to do next. If the accident happened in Louisiana, understanding what steps to take and what rights you have is crucial.

Determining What Caused the Vehicle Crash

The first step is to understand what caused the accident. For example, when someone drives recklessly, ignores traffic signs, speeds, or drives under the influence, they can be held accountable for resulting accidents.

Sometimes, the cause of the accident isn't immediately clear. It might involve issues like faulty road design, poor maintenance, or vehicle defects. Investigating the circumstances is important to determine if someone's negligence contributed to the tragedy.

What Happens After a Fatal Car Accident in Louisiana?

When a fatal car accident occurs, Louisiana law allows certain family members to take legal action. These cases are called wrongful death cases. The purpose of a wrongful death case is to help surviving family members recover damages related to the loss of their loved one.

The individuals who file a wrongful death case typically include:

• The surviving spouse or children of the deceased.
• If there is no spouse or children, the deceased person's parents.
• If there are no parents, the siblings of the deceased.

Compensation In Wrongful Death Cases

When your loved one is killed in a car accident, the law allows you to seek compensation for a range of losses. These include:

• Funeral and burial expenses: Losing a loved one often comes with sudden and unexpected costs. Louisiana law allows you to recover the cost of these services.
• Medical expenses: If your loved one received medical care before passing away, the costs of their treatment may be included.
• Loss of income: When your loved one contributed financially to your household, you might be entitled to recover the income they would have earned.
• Loss of companionship: Louisiana law recognizes the emotional loss that comes with losing a loved one. Compensation may be available for the loss of their love, support, and guidance.

Statute of Limitations in Louisiana

A statute of limitations is the time limit you have to take legal action. In Louisiana, you typically have one year from the death of the deceased to file a wrongful death case. If you miss this deadline, you may lose your ability to recover damages, regardless of how strong your case is.

Evidence You'll Need to Prove Your Case

Proving that someone else's negligence caused the accident requires evidence. Some types of evidence that can be helpful include:

• Police reports: Officers often document important details about the accident scene, including who they believe was at fault.
• Eyewitness statements: People who saw the accident happen may provide valuable information about what occurred.
• Accident reconstruction: Sometimes, experts analyze the scene to piece together how the accident happened.
• Medical records: If your loved one received treatment before passing away, their medical records can help show the injuries they suffered.
• Photographs and videos: Pictures or videos of the accident scene, vehicle damage, and injuries can provide visual proof of what happened.

Gathering this evidence as soon as possible is important, as details can fade, and physical evidence may disappear over time.

Understanding Louisiana's Fault Laws

Louisiana follows a pure comparative fault system. This means that if your loved one was partially at fault for the accident, you can still recover damages. However, the amount you receive will be reduced by their percentage of fault. This rule ensures that even if multiple parties share blame, you aren't automatically disallowed from recovering compensation.

Dealing With Insurance Companies

After a fatal accident, you may need to deal with insurance companies. Insurance adjusters might reach out to you quickly, offering a settlement. While it can be tempting to accept a quick payment, it's important to know that initial offers are often much lower than what you may actually be entitled to recover.

Insurance companies may try to minimize their payouts. Being cautious and reviewing any offers carefully is key to protecting your rights.

Contact a Slidell Wrongful Death Attorney

Losing a loved one in a car accident is a heart-wrenching experience and navigating what to do afterward can feel overwhelming. If you're unsure about your legal rights or what options are available to you, attorney Delsa can provide clarity. Contact Delsa Law Firm, LLC by calling (985) 882-1222 or contacting us online for a free, confidential consultation.