What To Look For When Hiring A Wrongful Death Attorney in Shreveport, LA
Posted On April 10, 2017
Author: Gordon McKernan
Losing a loved on in a catastrophic accident is a tragic experience. For those who are left behind – wives, husbands, sons, and daughters – the loss can change every aspect of their lives. The emotional impacts are indescribable but there can also be a significant financial toll for the dependents of the victim. Legal matters surrounding fatal accidents are highly sensitive and complicated. If you’ve lost a family member due to an accident that was caused by the negligent conduct of an individual or company, you need an experienced wrongful death attorney in Shreveport, Louisiana to represent your case.
Fault is Key in Wrongful Death Settlements
In Louisiana, as with most other states, almost any type of event or accident that causes harm to someone can potentially be grounds for bringing a wrongful death lawsuit. The key factor in wrongful death lawsuits is whether the person’s death was caused by the actions of an individual or a corporation. The precipitating action or conduct can be either unintentional or intentional. Many times, wrongful death liability is determined to be the result of negligence, meaning the individual or company did not intend to hurt the person or cause their death but is still held responsible. The standard for negligence is evaluated by whether the individual or entity acted with a reasonable level of care. This can include any type of careless action or even failure to take appropriate action. For example, in the case of a driver who is speeding excessively and causes an auto crash that claims the lives of others, a wrongful death liability could be brought against the driver because his reckless behavior resulted in the death of someone else. Another situation that may give rise to a wrongful death claim could involve an company that is aware one of it’s chemical plant facility’s is releasing toxic fumes or substances into the air or water. If overtime this exposure results in illnesses that cause of the death of residents living near the facility, the company might be held liable for the deaths of these individuals because they knew of the hazards and did not take any action to prevent harm or protect the community. In wrongful death legal cases, determining who was at fault for the accident or event that caused the death is crucial to a successful outcome. It’s also important to note that wrongful death claims are the only recourse for the family members who have lost a loved one due to the actions or negligence of corporation, agency, or government entity and not an individual person.
Wrongful Death Claims in Shreveport, LA: Who Can File and What is Covered
Louisiana law outlines who can file a wrongful death claim and sets priority on certain family members. Relatives of the deceased may be eligible in four categories: spouse and children, parents, siblings and grandparents. Under the law, the spouses and children of the victim are provided top priority. There are two main types of compensation in a wrongful death settlement: special and general damages. Special damages are those that have definite costs that can be calculated, including medical bills, funeral expenses, and the loss of the deceased person’s future income. General damages cover losses that cannot be added up with a calculator, such as a spouse’s loss of companionship, a child’s lost relationship with their father or mother. These emotional and psychological damages are difficult to measure. Having a wrongful death lawyer who has experience in this area of the law makes a difference when developing a strong case for the surviving family.
Qualities of a Skilled Wrongful Death Attorney in Shreveport, LA
Lawsuits for wrongful death are not your typical personal injury cases. They are very serious legal actions can sometimes involve lengthy negotiations or litigation. These settlements are often hard fought cases and you need a professional who knows what they are doing and has the experience to successfully navigate the complexities of a fatal accident claim. At Gordon McKernan Injury Attorneys, you will find a credible and trustworthy wrongful death attorney in Shreveport who has the expertise to win your case. Additionally, it’s important to hire a Shreveport attorney who has the resources needed to investigate the facts of your case and provide evidence about what happened. In a wrongful death case involving medical malpractice for example, your legal team will need to hire clinical experts and doctors to testify on your behalf. After the loss of a loved, you want an injury lawyer who is not only competent in wrongful death law but is compassionate and can identity with your experience and embrace your family’s situation with a desire to truly help you through this difficult time. When you contact the Get Gordon team in Shreveport, this is exactly what you can expect from our law firm.
Gordon McKernan graduated with his law degree from Loyola University in New Orleans, Louisiana, in 1992. Shortly thereafter, he joined McKernan Law Firm and has been practicing law ever since. He is the owner of the firm, and his primary area of practice is representing ‘ordinary people’ who have been injured because of another’s disregard.