Myles & Associates

Louisiana Wrongful Death Attorney

If you have a loved one who has passed away as the result of a car or commercial truck/18-wheeler accident, you or another loved may have the right to bring a claim on behalf of your deceased loved one.

You may be a beneficiary

If you have a loved one who has passed away as the result of a car accident, you may be a beneficiary.

If you have a loved one who has passed away as the result of a car or commercial truck/18-wheeler accident, you or another loved one may have the right to bring a claim on behalf of your deceased loved one for their pain and suffering during their last hours or life (survival action) and for their death caused by the accident. 

Beneficiaries of Car Fatalities

Nothing can be more difficult than the untimely death of a loved one

We extend our sincerest condolences to accident victims that are suffering with such a difficult set of circumstances due to the fault of a negligent driver.

In these cases, Louisiana law preserves the right to file a wrongful death and survival action to a particular list of beneficiaries with the closest in relationship having the right exclusive to all others. The deceased's spouse and/or children are given first preference, if there is no spouse or children; then the right belongs to the parents of the deceased. In the absence of all of the above the brothers and sisters of the deceased have the option to bring the claim and if there are none then the grandparents of the deceased will have the right to bring the claim. In the absence of grandparents, then the deceased's estate has the right to file the claim.

Maximum Compensation for your Loss

Medical bills of the deceased;
Pain and suffering of the deceased;
Loss Wages of the deceased;
Funeral and burial expenses;
Lost household services provided by the deceased;
Loss of Consortium;
Mental Anguish;
Loss of Enjoyment of Life;
Loss of Consortium;

Contact Us Today

A member of our injury team is ready to assist you with meeting with an experienced injury lawyer that will discuss the details of your case with you free of charge.

We will answer any questions you may have, advise you of all of your legal options, and give you a professional opinion on the merits of your claim to include a recommendation of your next steps toward recovery and compensation.

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Frequently Asked Questions

The time that it will take to settle or resolve your case will depend on the nature and extent of the damages needed to be recovered to include the length of time needed to complete any treatment that you may be undergoing relating to the loss of your loved one such as counseling. The timeliness in which the insurance company takes to handle your claim within their office can also be a factor to consider. In the event your case has to be handled in Court the time will then also depend on the Court's docket and the scheduling order timelines.  All of these factors come into play when assessing the length of time that it will take to resolve your case but most importantly is your health and the time that it takes to resolve your injuries to a point that is manageable for you.  Every case is different and for that reason the timeline is different for every case.
At our firm, no client will ever pay a legal fee unless we win their case for them.  We work on a contingency fee basis which means that in the very likely event that you receive compensation for your case, the attorney's fee is a percentage of the gross recovery and will be paid upon settlement.
 
It is very important that you never try to settle with the insurance company on your own because they will handle your claim differently when they know that they are negotiating with someone who is inexperienced with negotiating with them.  More than likely they will try to settle your case prior to the completion of your treatment and a full assessment of the damages sustained for a lower amount of money than you should be compensated for your injuries.  You should hire a wrongful death lawyer to ensure that you have someone who knows the law with the knowledge and experience to handle your case.
That is an answer that cannot be given until the completion of any possible treatment for your injuries.  When a wrongful death victim suffers injuries it is common that the extent of those injuries are unknown for some time after the accident.  A  wrongful death case cannot be fully excessed without knowing the extent of damages suffered by the victim.  For that reason an assessment of your damages usually occurs after you have completed treatment for your injuries.  If you have not sustained any injuries for which you are receiving treatment, then the case may be assessed upon the completion of an investigation and the gathering of evidence proving the injuries and damages suffered by the deceased. The facts and circumstances of every case is different; so the results and amount of compensation recovered for every case is different as well.
Under Louisiana law, you must formally file your Wrongful Death and Survival Action to assert your claim for damages.  Generally, your claim with the insurance company is made within days after the death of the deceased, in an effort to attempt to settle your claim prior to the one (1) year deadline in which you have to formally file your claim in court.  In the event that your Wrongful Death and Survival Action is not filed in court within one (1) after the death of the deceased.  Your claims and right to pursue compensation for your injuries and damages as well as those of the deceased will be lost.
No, our firm only handles wrongful death cases where the deceased suffered fatal injuries as the result of a car wreck or an accident with a large commercial truck or 18-wheeler due to the negligence of a third party.