Fatal Car Accident Lawyer in Lafayette

Lafayette, Louisiana is well known for its irresistible charm, creole culture, and southern hospitality. 

Yet, despite this, Louisiana faces a critical issue—the high number of fatal car accidents on its roads each year. In fact, according to LSU CARTS data, this state witnessed 804 crashes with 858 fatalities in 2022, which left many families and communities devastated.

Grieving the loss of a loved one is never easy. On top of that, navigating this highly complex legal system can prove challenging, requiring the expertise of a skilled Lafayette fatal car accident lawyer.

At Gordon McKernan Injury Attorneys, we’re committed to fighting for the compensation that you may rightfully deserve. If you have lost someone dear in a fatal car accident, we urge you to reach out to us as soon as possible.

What is a Fatal Car Accident?

A fatal car accident is a catastrophic experience that can shatter families and the communities that surround them. In the legal sphere, wrongful death refers to a death caused by the negligent or intentional actions of another person or entity. 

So, when a loved one dies in a fatal car accident in Lafayette, it’s deemed a wrongful death, necessitating the expertise of a Lafayette fatal car accident lawyer. Although no amount of compensation can ever replace a lost life, surviving family members can file a wrongful death claim and seek damages. 

If you know someone affected by a fatal car crash in Lafayette, please do not hesitate to contact a serious car accident attorney at our firm in Louisiana. We’re dedicated to providing support and legal guidance to help you navigate this extremely hard time.

Wrongful Death Claim: What to Do

Losing a loved one in a fatal car accident can often feel unbearable. Although it won’t bring the person you deeply care for back to life, filing a wrongful death claim with an experienced fatal car accident lawyer can help you protect your rights and gain compensation for your unfortunate loss.

Here are the steps you need to take to file a wrongful death claim in Louisiana after a fatal car accident:

1. Hire a fatal car accident lawyer at Gordon McKernan Injury Attorneys who can guide you and help you protect your rights.

2. Gather evidence: Once you meet with a fatal accident lawyer at our firm to review your case, the next step will be to collect evidence like accident reports, witness statements, and medical records to help build your case as much as possible.

3. Determine who can file: Surviving spouses, children, and parents can file the claim, as well as siblings or other close relatives (this includes adoption as well).

4. Prove liability: You need to prove the other driver was responsible for the accident and the death. This may require expert testimony and accident reconstruction.

5. Obtain compensation: If you win your wrongful death claim, you may be entitled to compensation for a variety of damages, including medical expenses, funeral expenses, lost wages, and loss of companionship.

Statute of Limitation Changes in Louisiana

In 2024, Louisiana law extended the statute of limitations for personal injury claims occurring on or after July 1, 2024, from one year to two years. Any injuries that occurred before July 1, 2024, will still have a 1-year statute of limitation. Learn more about Louisiana’s New Statute of Limitations here.

• 1 year for injuries sustained before July 1, 2024.
• 2 years for injuries suffered after July 1, 2024.

The statute of limitations is a legal deadline that sets a time frame for filing a lawsuit. In Louisiana, this is known as the “prescriptive period,” which determines how long you have to take legal action against the responsible party after an injury occurs.

Lafayette Wrongful Death Case: What to Expect

Once you’ve filed a wrongful death claim, it’s up to you, a serious car accident attorney, and the defendant to decide how you want to move forward. Whether you want to address your case through negotiations or a trial, you’ll undergo the discovery process.

You and the defendant can both collect evidence related to liability claims throughout the discovery process. You can also develop your own interrogatories or submit an admissions request. Ultimately, you’re allowed to prepare and present your deposition testimony, making your case in front of all parties and a court reporter outside of court.

At this point, negotiations may resolve your case. However, keep in mind that if the case needs to move forward to trial, you can consult your Lafayette fatal car accident lawyer regarding your next steps.

Going to a Fatal Accident Trial

If your wrongful death proceeds to trial, the Louisiana civil courts will first and foremost need time to appoint a judge and jury. Then, you and your Lafayette fatal car accident lawyer can move forward with the process of delivering your opening statements.

Next, your Lafayette fatal car accident lawyer can call upon witnesses, such as medical professionals and coroners, to give testimony on the losses suffered by the deceased. FYI: cross-examination may also occur during this part of the trial.

Last but not least, after assessing the witness statements, your Lafayette fatal car accident lawyer will be able to deliver their closing arguments. As a result, the jury will deliver their verdict but keep in mind that the time frame of these proceedings can, unfortunately, range from weeks to years, but an attorney from our firm will be sure to keep you informed the entire time.

Louisiana Fatal Car Accident Lawyer? Get Gordon!

The aftermath of a fatal car accident can be incredibly traumatic, impacting not only the families of the victim but also those who may have been at fault for the incident. If you’re dealing with the unfortunate loss of a loved one in a fatal car accident, you may be entitled to compensation for your damages. 

This is where the assistance of a serious car accident attorney at Gordon McKernan Injury Attorneys can prove invaluable. We encourage you to schedule a FREE consultation with us as soon as possible if you know someone that was involved in a fatal car accident due to the negligence of another person or entity. 

An experienced Lafayette fatal car accident lawyer at our firm will promptly work on your case to deliver the best possible outcome. Moreover, our G Guarantee ensures that you won’t owe us anything until we win your case!