When you lose a loved one due to another party’s negligence or wrongful action, you may be entitled to recover compensation for damages. However, you may wonder if filing a wrongful death case is worth it. It won’t bring back your loved one or truly compensate for your loss. And you may be concerned with how long it will take and whether you want to go through the legal process when you are grieving.
While recovering financial compensation can never make up for the loss of someone you love, it can help ease some of the financial burdens caused by their death. There are numerous factors that impact how long a wrongful death case takes. Each case is unique with some being resolved in a few weeks and others lasting many months.
You need an experienced wrongful death lawyer to handle the legal process so you can focus on the grieving process.
At Chris Corzo Injury Attorneys, our compassionate wrongful death lawyers work diligently to help reach a resolution of your case as quickly as possible.
What Is a Louisiana Wrongful Death Case?
Louisiana Civil Code Article 2315.2(A) provides:
A. If a person dies due to the fault of another, suit may be brought by the following persons to recover damages which they sustained as a result of the death:
(1) The surviving spouse and child or children of the deceased, or either the spouse or the child or children.
(2) The surviving father and mother of the deceased, or either of them if he left no spouse or child surviving.
(3) The surviving brothers and sisters of the deceased, or any of them, if he left no spouse, child, or parent surviving.
(4) The surviving grandfathers and grandmothers of the deceased, or any of them, if he left no spouse, child, parent, or sibling surviving.
In Louisiana, if someone dies due to the negligence or wrongful action or inaction of another party, their survivors have the right to recover damages. For purposes of this legal action, survivors may include the decedent’s surviving spouse, child, parents, siblings, and grandparents.
A wrongful death case is a civil action based on Louisiana Code Article 2315. 2 that is filed by one or more of those survivors. This civil action is separate and distinct from any criminal charges that may or may not be filed against the defendant.
The Wrongful Death Timeline and Factors That Impact How Long It Takes To Resolve Your Case
While every wrongful death case is different, a general timeline for resolving your case involves:
- Consulting an experienced Louisiana wrongful death lawyer and determining whether you have a right to file a claim. It is important that your attorney knows how to handle your case efficiently so your case can be resolved as quickly as possible.
- Investigating the accident or incident that caused your loved one’s death to identify all possible causes and the responsible parties. Sometimes determining causation and liability is easy and takes little time. In other cases, the causes may not be obvious and it may take longer to uncover the facts of your loved one’s death.
- Filing your lawsuit. Once we know what happened and who should be held liable, we will file your suit. We will name each defendant and have them served with the lawsuit.
- Once your suit is filed, we will begin conducting discovery to uncover and collect evidence to support your claim. This will likely include issuing interrogatories, requests for production of documents, and subpoenas. We may also conduct depositions of defendants and witnesses, including expert witnesses. The length of this stage can be influenced by how many parties and attorneys are involved and the difficulty of securing the evidence. We may need to file motions and have hearings during this stage, which can increase the time it takes to resolve your claim.
- During the discovery stage, we will begin working to prove the value of your damages. In a wrongful death claim you may be able to recover funeral and burial costs, compensation for loss of potential income and financial support, pain and suffering, loss of consortium, and other damages.
- We will then begin negotiations with the defendants to help reach a fair settlement of your case. This stage may last several weeks or months, depending on the strength of our evidence, the available insurance coverage or other assets to pay your damages, and the willingness of the defendant and their insurance company to settle. If a fair settlement is not reached in a reasonable time period, we will set your case for trial.
- The trial timeline is influenced by numerous factors, including the number of defendants and their attorneys’ preexisting schedules and the court’s trial docket. We will still work to reach a settlement after setting your case for trial and most cases do settle rather than go to trial.
Why We Worked Hard to Reach a Quick and Fair Settlement
At Chris Corzo Injury Attorneys, we understand that you are grieving and need closure as quickly as possible. Reaching a fair settlement helps provide that closure and enables you to move forward after your loss.
We also know that you likely have financial burdens and reaching a fair settlement quickly can help ease some of the stress of those burdens, enabling you to focus on healing instead of worrying about how you will support yourself and your family after your loss.
A settlement can also help maintain your privacy. Trials are usually open to the public and the trial record is generally available for anyone to view. Settlements may contain non-disclosure agreements that keep the terms of your settlement confidential.
Our attorneys build your strongest case and work tirelessly to reach a settlement that includes the full and fair compensation you deserve as quickly as possible.
Contact an Experienced Wrongful Death Lawyer Today
If someone you love died because of another party’s negligence or wrongful conduct, you may be entitled to recover compensation for damages. Many factors influence how long it takes to resolve a wrongful death claim.
At Chris Corzo Injury Attorneys, we have the experience and skills to resolve your case as quickly as possible. We will handle every detail of your wrongful death action and keep you informed every step of the way. Call (225) 999-1111 or visit our contact page and schedule a free consultation.