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What to Expect in a Louisiana Wrongful Death Case

It’s a tragedy that changes everything. And when a loved one dies, the last thing you want is a complicated legal process to worry about. That’s why we’re here to help!  Wrongful death compensation can never make up for the fact that your loved one is gone. But if your loved one died because of someone else’s purposeful actions or negligence, you have the legal right to pursue compensation.

Definition of Wrongful Death

A wrongful death is when “a person dies due to the fault of another,” according to Louisiana Civil Code Section 2512.2. The death may be caused by the fault of another individual, or it may be the result of wrongdoing by an entity like a corporation. A wrongful death may be caused by conduct that is negligent, reckless, or intentional.

Wrongful death cases can be complicated, but that’s why we’re here. We help take the load of pursuing justice off your shoulder so that you can focus on taking care of yourself and honoring your loved one’s legacy.

Here’s a step-by-step guide of what to expect when you file a wrongful death claim in Shreveport, Louisiana. And of course, we’re available to support you each step of the way!

  • Understand the statute of limitations. Louisiana’s statute of limitations for wrongful death gives the surviving family members or personal representative one year to file a wrongful death claim in court, usually starting from the date of the deceased person’s death.
  • Determine if you are eligible to file. In Louisiana, the following parties may file a Louisiana wrongful death claim:
  • the surviving spouse or children of the deceased person
  • if there are no surviving spouse or children, the surviving parent or parents
  • if there are no surviving parents, the surviving siblings of the deceased person, or
  • if there are no surviving siblings, the surviving grandparents of the deceased person.
  • Call an experienced wrongful death attorney. Wrongful death cases are complex. Too often, victims walk away from their case with a settlement far lower than the law entitles them to. An attorney can help you understand what amount of compensation is fair and how to successfully claim it.
  • Assemble evidence and begin investigations. As the plaintiff in a wrongful death case, you’ll need to prove the following:
  • Duty of Care – You must prove to the court that the defendant owed a duty of care to your loved one. For example, in the case of a car accident, you must prove that the defendant had an obligation to obey the Rules of the Road and drive carefully while operating any vehicle
  • Breach of Duty of Care – You must prove that the defendant breached the duty of care owed to your loved one. Again, if the situation involves a car accident, you must show that the defendant failed to obey the applicable traffic laws, such as by speeding or by running a red light.
  • Causation – You must show that the defendant’s particular action directly caused the wrongful death. So, even if the defendant ran a red light while driving a car, the defendant is not responsible if the death was caused by something else, such as a mechanical failure on the deceased’s vehicle, according to Nolo.
  • Determine the value of your case. In Louisiana, damages that can be awarded in a wrongful death case include:
  • funeral and burial expenses
  • medical bills, including bills for emergency care related to the deceased person’s final illness or injury
  • lost wages and benefits
  • value of lost household services,
  • bills for damaged property.
  • the pain and suffering the deceased person suffered in his or her final moments,
  • the loss of care, companionship, guidance, and emotional support suffered by family members as a result of the untimely death.

 Your case is drafted and filed. Once your attorney has gathered sufficient evidence and information regarding your case, they can then bring forth a formal filing with the court. This complaint will identify the defendant, outline the supporting evidence of your case, and state the monetary amount you will be seeking.

 Discovery and deposition stage.

Both sides of the case will “discover” facts, details, and evidence about your claim.  The attorneys will conduct the deposition, a process that gathers statements from witnesses prior to a trial.

Trial. Sometimes a case is settled before going to trial. But if both sides can’t agree, then a trial is scheduled before a judge or jury to decide the outcome.

Do you need to file a wrongful death case in the Shreveport, LA area? Don’t go through this alone. Contact a wrongful death attorney by calling (318) 855-0285 or contacting us online!

 

Campbell, House & Company

1815 Roselawn Ave

Monroe, LA 71201

(318) 855-0285

Fax: 505.764.9722

Is It Smart to Call Your Insurance After a Car Accident?

Car accidents are never convenient, especially when there is injury and damaged property involved. If you’re in a car accident, it might feel like a natural next step to call the insurance company. But if there are any injuries or significant property damage, stop and think before talking to the insurance company.

If you’re looking at injuries or property damages, it makes sense to start thinking about a claim. However, filing an insurance claim or giving a statement to insurance adjusters without getting legal advice could actually hurt your chances of getting compensation.

When you contact an insurance company to make a claim or give a statement, they can use the information and words provided to convince you to take a lower settlement than you deserve.

After a car accident, you could be facing long-term medical bills and other expenses that aren’t fair. You need the maximum compensation you can get, which isn’t what the insurance companies want to give. Instead of trying to argue with the insurance company, tell your story to a personal injury attorney.

An insurance company will try to give you the minimum payment possible. A personal injury attorney will fight to get you the maximum payment possible!

What If You Already Talked to Your Insurance Company?

Maybe you are reading this and feeling stressed because you’ve already made an insurance claim or already given a statement to your insurance company. Don’t worry, it’s not too late to get the compensation you deserve. The legal team at Campbell, House & Company is highly experienced in dealing with the unfair practices of insurance companies. If you’ve tried to get the compensation you need, and your insurance company has denied it or tried to get you to settle for less, we’re here to help! Wondering if the settlement offered by insurance adjusters is fair? We can give you the confidence you need!

How Much Compensation Do You Deserve?

This question seems more simple than it is. You might come up with an estimate based on doctor’s bills, vehicle repair or replacement costs, and hours missed at work. But it’s more complicated than that. Many accident victims aren’t aware that they can also claim compensation for future medical costs, future rehabilitation fees, future lost wages, and even pain and suffering damages.

Pain and suffering is perhaps the most difficult area of compensation to calculate, and according to Law.com, it can include aches, pain, temporary and permanent limitations on activity, potential shortening of life, depression, embarrassment from scarring, and more.

A personal injury attorney can help you understand exactly how much compensation you’re entitled to and help you navigate the process of claiming it in Monroe, LA.

What’s the Best Plan of Action After An Accident?

The most important first step is, of course, to stop at the scene of the accident. It’s illegal to drive away from the scene of a car accident, and doing so will certainly not help your claim for compensation!

  1. Check if you are injured. If you or someone else is injured, call 911 or ask someone to call 911 immediately. If you are injured, try not to move. Wait for help.
  2. Check on other people involved in the accident.
  3. If you are not seriously injured, move to safety. If you can’t move your vehicle, just move yourself!
  4. Report! Louisiana law requires you to report to the police any accident that results in death, injury (however minor), or property damage exceeding $500. You’re also legally required to report to the Louisiana DPSC within 24 hours of any accident that results in death, injury, or property damage over $500, according to FindLaw.
  5. Exchange the following information with the other driver(s):
  • Full name and contact information
  • Insurance company and policy number
  • Driver’s license and license plate number
  • Make, model, and color of the other vehicle(s)
  • Location of accident
  1. Do NOT admit fault or discuss details of the accident with anyone.
  2. Document! This will be very important in your compensation claim later.
  • USAttorneys recommends getting the badge numbers and names of responding police officers.
  • Get a copy of the accident report.
  • Take pictures of your vehicle from different angles, showing the damage done to both cars. It’s also a good idea to take pictures of the other car’s license plate.
  • Get names and addresses of all parties involved, including any passengers in the other vehicle.
  • Talk to witnesses, and take down their contact info.

    Call a personal injury attorney.

After being injured in a car accident in Monroe, LA, contact a personal injury attorney who can help you get the compensation you deserve!

Call (318) 855-0285 or contact us online!

 

Campbell, House & Company

1815 Roselawn Ave

Monroe, LA 71201

(318) 855-0285

Fax: 505.764.9722

4 Common Trucking Law Violations That Hurt Innocent People

Truck accidents are some of the most dangerous risks for motorists on the road. If you’re in a collision with a large truck, you could be left with serious injuries, mountains of medical bills, a totaled vehicle, and many more setbacks.

Did you know that truck accidents often happen because trucking companies break the law? Violations of the law by trucking companies often result in trucks causing accidents and injuring innocent people. Sometimes it’s not even the truck driver’s fault! But if a trucking company or truck driver is responsible for injuries caused in an accident, injury victims have the legal right to claim compensation!

As soon as you get your immediate medical needs taken care of, the most important step is to contact a personal injury attorney.

When pursuing a personal injury claim for a trucking accident in Shreveport, Louisiana, it’s important to know the defenses available to you! A personal injury attorney can help you sort through all your possible defenses and the evidence that supports them. To get started, do you know the four most common ways that trucking companies cause accidents by breaking the law?

  1. Violation of Hours of Service Laws: Federal hours of service laws limit how long drivers can operate a truck in a given period. Unfortunately, sometimes drivers fail to log their hours as they are required to do so by law. Other times drivers even falsify their logs to make up for lost time. When drivers break the law, they can end up driving fatigued – increasing chances for mistakes on the road. It can be difficult to prove drowsy driving, as there are no tests to determine fatigue. However, the accident attorneys at Campbell, House & Company can review a truck driver’s logs, shipping schedules, and more and put these facts together to see if the truck driver violated the law and caused an accident.
  2. Violation of Vehicle Maintenance Laws: Truck companies are required to keep their trucks in working order by maintaining the tires, the brakes, and other equipment, according to the Electronic Code of Federal Regulations. Failed brakes and failed tires can result in devastating crashes. If you or a loved one has been injured in a truck accident due to a mechanical fault resulting from negligence, the attorneys at Campbell, House & Company can review maintenance logs and see what kind of negligence happened. Did you know that sometimes truck companies even illegally use retread or used tires? When trucking companies violate laws, everyone on the road is at risk!
  1. Violation of Truck Driver Health Requirements: Truck drivers are required to pass health examinations to maintain their trucking license. However, these examinations may not occur frequently enough and drivers’ health conditions can change. Drivers sometimes take medication that can interfere with their attention behind the wheel. Other drivers may get behind the wheel with dangerous conditions like sleep apnea that can result in fatigue or other problems. Trucking companies have a responsibility to monitor their drivers’ health, but they sometimes neglect this responsibility. If a truck driver caused an accident because of poor health, the truck company may be responsible for covering the medical expenses, lost wages, and pain and suffering damages caused by the accident.
  2. Violation of Truck Weight Limits: In most cases, trucks should not exceed weights of 80,000 pounds. However, sometimes companies try to improve their bottom lines by overloading their trucks and shipping bigger loads. Overloaded trucks pose a serious hazard to other road users, and can legally be considered negligence!

Beware of Insurance Companies!

Were you in an accident with a large truck that caused you injury or property damage? A personal injury attorney can help you discover and present evidence that proves your right to compensation! After an accident, insurance companies will try to get you to settle for a compensation amount that is far lower than what you deserve. And even if you deserve full compensation, they can use something you say or a way that you describe the accident to argue that you don’t! Before giving information to an insurance company, talk to a personal injury legal team who wants the best for you!

How Do You Know Who Was At Fault?

At the scene of a truck accident, and even afterward, it can be difficult to know who’s to blame for the damages done. And the other side will blame you! That’s why it’s essential to learn about your rights and defenses and go into your case with confidence and clarity. The attorneys at Campbell, House & Company will help you get justice! Contact our Shreveport, LA office today at (318) 855-0285 or message us online!

 

Campbell, House & Company

1815 Roselawn Ave

Monroe, LA 71201

(318) 855-0285

Fax: 505.764.9722

Do You Know the True Cost of a Car Accident?

6 million car accidents happen every year in the United States, according to Driver Knowledge.

3 million people are injured every year in car accidents.

2 million people sustain permanent injuries every year because of car accidents.

90 people die every day from car accidents.

Do you know your legal rights if you’re injured in a car accident? Do you know the costs you could be facing if you’re in an accident? Even minor car accidents can be unaffordable. And accidents that lead to serious injuries can be unbelievably expensive. But you don’t have to be left struggling to pay the bills your whole life. If you were injured because of someone else’s negligence, you are entitled to a personal injury claim for compensation. Keep reading to understand how much the average accident costs and how to get the compensation you’re owed.

What Affects the Cost of a Car Accident?

According to SuperMoney, many factors will determine the cost of a car accident:

  • The severity of the crash
  • The damages sustained to the vehicle
  • The physical injuries suffered by passengers and others
  • The number of passengers injured
  • The value of the vehicle
  • The value of any other property affected by the crash
  • Where the accident took place
  • Other variable factors

What Are the Average Costs of Car Accidents?

Car accidents are the leading cause of personal injury cases in the United States, according to AllLaw. Even minor injuries can lead to expensive therapies and recovery processes. But what’s important to remember is that even if there are no injuries – accident victims could still be facing the cost of expensive consultations, check-ups, and second opinions as they confirm that they aren’t injured, as the numbers below show. Even when no injuries are apparent, these visits to medical professionals are essential – as many serious injuries do not manifest immediately. And let’s not forget the cost for PTSD therapy for victims who were in traumatic accidents.

The National Safety Council notes that the calculable costs of motor-vehicle crashes are wage and productivity losses, medical expenses, administrative expenses, vehicle damage, and employers’ uninsured costs. According to the National Safety Council, the average economic costs for car accidents per person are as follows:

  • Car accidents resulting in death: $1,615,000
  • Car accidents resulting in physical disabilities: $93,800
  • Car accidents resulting in evident injuries: $27,100
  • Car accidents resulting in possible injuries: $22,300
  • Car accidents resulting in no injuries: $11,900
  • Car accidents resulting in property damage only: $4,400 (per vehicle)

These are average costs. Remember that your car accident could be much more expensive depending on the circumstances.

When considering the cost of car accidents, you must acknowledge the costs that go beyond just economic expenses. There are comprehensive expenses related to the value of lost quality of life as a result of the accident. When you or a loved one is disabled or traumatized because of an accident – you sacrifice far more than the costs of medical bills. If you lose a loved one in a fatal accident, the sacrifice is even higher. Attorneys can argue these “pain and suffering” costs as part of your claim. According to the National Safety Council, the average comprehensive costs per person involved in the car accident are as follows:

  • Car accidents resulting in death: $10,562,000
  • Car accidents resulting in physical disabilities: $1,155,000
  • Car accidents resulting in evident injuries: $318,000
  • Car accidents resulting in possible injuries: $147,000
  • Car accidents resulting in no injuries: $48,700

Beyond Medical Bills: Other Costs to Consider

In the aftermath of car accident injuries, many people only consider medical bills. But while medical expenses can be a big part of car accident costs, you also need to consider lost wages due to missing work because of your injury – and more!

Did Someone Else Cause Your Injury?

Insurance agencies will try to get you to settle for a claim far below what you’re entitled to. Don’t settle before talking to a qualified personal injury attorney. And don’t underestimate the comprehensive expenses you can rightfully be compensated for.

If you’re the victim of a car accident in Monroe, Louisiana, it’s time to act. A personal injury attorney can help you understand what your injuries and damages are worth, and how to navigate the sometimes confusing and overwhelming process of claiming compensation from both insurance companies and the negligent party. Get started today! See what your claim is worth and get legal help in your fight for justice! Call (318) 855-0285 or contact us online!

 

Campbell, House & Company

1815 Roselawn Ave

Monroe, LA 71201

(318) 855-0285

Fax: 505.764.9722

Six Common Mistakes Personal Injury Victims Make After a Car Accident

By law you’re entitled to receive compensation for any and all damages caused by someone else’s negligence. But all too often, victims miss out on the compensation they deserve. Every year, car accidents cause individuals and families in Monroe, LA significant physical, financial, and psychological damage. According to AllLaw, car accidents are the most common form of personal injury, so it’s important to know how to avoid common mistakes that victims make in personal injury cases involving driving. [Read more…] about Six Common Mistakes Personal Injury Victims Make After a Car Accident

Do You Qualify as a Personal Injury Victim?

Many people are familiar with the term personal injury, but few people understand how they might have actually encountered a personal injury case. On the other hand, some people might suspect that they are the victims of a personal injury case but don’t think it’s worth the hassle of pursuing the claim. But according to the National Safety Council, an American is accidentally injured every second and an American is accidentally killed every three minutes by a preventable event. There’s a good chance that you’ve been on the receiving end of a preventable accident, or you will be in the future. Even if the accident results in only minor injuries, it’s important to know the legal resources available to you. [Read more…] about Do You Qualify as a Personal Injury Victim?