What happens when someone is killed in a car accident?

What happens when someone is killed in a car accident?

What happens when someone is killed in a car accident?Whether due to drunk driving, violation of traffic laws, or something else, severe car accidents can cause death. Losing a loved one who dies in a preventable accident can devastate a family in ways that can never be undone. But with the help of a passionate team of attorneys, there can be justice for the family.

When someone is killed in a car accident in Louisiana, members of the surviving family can bring a wrongful death action to court. When a family pursues a wrongful death action after a loved one has been killed in a car accident, a lawyer will hold the at-fault driver responsible, proving the negligent or wrongful action(s) that caused the accident and death. 

If you need help pursuing legal action after a loved one has been killed in a car accident, The Johnson Firm can help you navigate the legal road ahead. Get your case started by scheduling a consultation with a top Lake Charles car accident lawyer – call 337-427-8961 or send us a message now.


How a Wrongful Death Lawsuit Works in Louisiana

When a loved one dies in a car accident due to the fault of another, a lawsuit may be brought forth according to the hierarchy of family members, which includes:

  1. The surviving spouse and child or children of the deceased person, or one or the other.
  2. The surviving father and/or mother of the deceased person if no spouse or child is surviving.
  3. The surviving brothers and/or sisters of the deceased person, if none of the above are surviving.
  4. The surviving grandfathers and/or grandmothers, if none of the above are surviving.

The surviving family member relationships also include those who are adopted. Wrongful death actions can be filed within one year of the date of the deceased person’s death. Outside of the one-year time period, the family will not be able to collect damages through the court.


Damages in a Wrongful Death Lawsuit

During a wrongful death lawsuit, the family can claim a number of damages. Some of the most common damages found in wrongful death lawsuits include:

  • Funeral and burial costs
  • Medical expenses from any injury or illness that was a result of the accident before the death occurred
  • Lost wages
  • Property damages
  • Non-economic losses, such as pain and suffering, loss of consortium, loss of love, affection, companionship, service and society, and more

To properly claim damages and receive compensation for your losses, evidence is crucial. With evidence, we will prove that the at-fault party’s negligent or wrongful action(s) caused your loved one’s death. This may be clear on the police report, or there may be more investigations that need to be done on your behalf.

Common evidence that a family brings forth in wrongful death cases includes:

  • Family photos
  • Family memories
  • Family videos
  • Scrapbooks
  • Greeting cards
  • Special trinkets
  • Stories that will be told about the family member
  • And more

The family will talk about all of the ways that the deceased family member impacted their life and affected their family. Evidence is innumerable and immeasurable. 


Types of Driving Errors That Cause Fatalities

When someone is killed in a car accident, it is often the result of a driver error. Driver errors can be violations of traffic laws or inebriation. Some of the most common driver errors that cause fatalities include:

  • Distractions – A car is an easy place to get distracted by a phone, tablet, navigation system, or other devices. When distractions happen at high speeds, someone can get killed.
  • Tiredness – If a driver has been driving for hours and/or overnight, tiredness or drowsiness can cause the person to temporarily fall asleep at the wheel, swerve, and cause a significant accident.
  • Reckless driving – Reckless driving is a major cause of severe car accidents. Reckless driving can include aggressive driving at high speeds, ignoring road signs, and more.
  • Inclement weather – Extreme weather conditions can create severe hazards for drivers on the road. Whether due to choosing to drive in certain weather conditions or accelerating at high speeds during difficult driving weather, low visibility and slippery roads can produce catastrophic results.
  • Impaired driving – Driving under the influence of drugs or alcohol is a major cause of car accident deaths in the United States. Impaired driving can negatively affect a person’s reflexes, vision, concentration, coordination, decision making, and more.


Talk to The Johnson Firm About Your Case

If a loved one has died in a car accident, The Johnson Firm can help. We have a history of success in winning justice for families of victims who have been killed in car accidents, and we can help you pursue legal action to claim compensation for your losses in full. We want to help you get through the difficult time you are facing.

Whether you have questions or are ready to file a wrongful death lawsuit today, call us at 337-427-8961 or send us a message now to get the conversation started.

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