A "wrongful death" is when someone dies from the negligence or misconduct of another. In the case of wrongful death, the surviving members of the victim's family may bring a suit for wrongful death against the plaintiff. Many wrongful death lawsuits ensue in the wake of a criminal trial, using parallel evidence but with lower requirements of proof.
While a prosecutor many are not able to establish guilt beyond a reasonable doubt, the surviving family members may still win a civil trial because the plaintiffs were able to prove the defendant was responsible for a preponderance of the evidence.
A wrongful death suit can only be brought to court by a relative or a representative of the deceased's estate. Each state has a civil wrongful death statute, or series of statutes, which determine the procedures for taking actions. Actions for pain and suffering, personal injury and expenses incurred prior to the deceased's death can also be brought by the family representative. The awards from the action(s) will be appropriated to the estate and could flow to designated parties as directed by the deceased's will.
Aspects of a Wrongful Death Lawsuit
To bring a successful action of wrongful death, the following components must be present:
Many circumstances can lead to a wrongful death claim, such as:
Damages in a Wrongful Death Lawsuit
Economic injury is the core measure of damages in a wrongful death lawsuit. Courts have interpreted "economic injuries" as loss of support, lost prospect of inheritance, lost services, and medical and final expenses.
The law provides that the damages awarded for a wrongful death will be just and fair compensation for the economic injuries resulting from the deceased. In addition, if the plaintiff is responsible for the deceased's medical care and funeral, they may be compensated for those expenses. Ultimately, a damage award will include interest from the date of the decedent's death.
Determining Economic Loss
When determining economic loss, it is appropriate to consider the age, nature, and condition of the deceased, life expectancy, earning capacity, health, and education, as well as the circumstances of the surviving family members. This determination may seem uncomplicated, but it often becomes a convoluted inquiry, keeping in mind that the measure of damages is actual economic loss.
The principal consideration in awarding damages is the deceased's circumstances at their time of death. As an illustration, if an adult income earner with dependants dies, the critical areas of the recovery are: loss of income and loss of parental guidance. A jury considers the deceased's income at the time of death, or the last known income if unemployed, and potential future income.
Adjustments in the Jury's Award
In a wrongful death lawsuit, a jury determines the extent of the damages awarded after hearing the evidence. The jury's determination is not always the final word. The size of the award can be adjusted down or up by the court for an array of reasons. For instance, if the deceased routinely wasted his income, this could reduce the recovery. Likewise, the courts could diminish a jury's award if the decedent had inadequate income, even if he were young, had good earning potential, and supported multiple children. Concurrently, a jury can award lost income despite the deceased being unemployed; if the plaintiff can present evidence, the deceased worked in the past and can present evidence of the deceased's typical earnings while employed. If the plaintiff is unable to present evidence of the deceased's typical earnings, the court may dismiss the jury's damage award and order a new trial.
Using Expert Testimony to Determine Economic Loss
The surviving family representative can present expert testimony of economists to establish the economic value of the deceased to his family. Until recently, expert testimony was inadmissible when a housewife died, but that statute has changed. When a homemaker, not employed outside the home, dies - the economic impact on the survivors is absent. However, there is an increase in expense to substitute the services she provided or would have provided if she had lived can be considered. If jurors are not knowledgeable about the monetary value of a housewife's services, expert testimony may support the jury in this evaluation.
Punitive damages are awarded if serious or malicious misconduct is found, to punish the transgressor, or as a deterrent to keep others from behaving similarly. In most states, plaintiffs can not recover punitive damages in a wrongful death lawsuit. However, some states award recovery of punitive damages. In state's that do not explicitly exclude punitive damages in wrongful death cases, courts have held punitive damages applicable. A wrongful death attorney can advise you on your state's position on punitive damages.
Survival Actions for Personal Injury
In addition to wrongful death damages, plaintiffs may be able to recover personal injury damages. These damages are called "survival actions" because the personal injury action survives the person who suffered the injury. The deceased's representative can bring survival action jointly with the wrongful death action, for the benefit of the deceased's estate.
In a survival action for a deceased's conscious pain and suffering, the jury may make inquiries to help determine the value of damages, including:
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Car accidents are an unfortunate risk we take every time we get behind the wheel of a vehicle. If you happen to be involved in one, you should consider hiring a personal injury lawyer in Lake Charles that will ensure you are justly compensated.
This article will help you to decide if you need to contact a personal injury attorney. Most personal injury law firms fees are contingency-based, so there is never a disadvantage in at least consulting a personal injury attorney in Lake Charles. So now, let us take a look at the reasons you should contact a personal injury attorney.
More often than not, accident victims should consider calling a personal injury lawyer in Lake Charles for the following three reasons:
Often, car wreck victims do not contact a personal injury lawyer at all. They think their injuries are mild, go away without medical attention, and often forgo a medical evaluation. But gradually, with an increase in pain, they realize that they have underestimated their injuries. These untreated injuries can cause short or long term damage that can linger, causing the injured to unnecessarily live with pain.
While your injuries may not be severe enough to rush you to an emergency room, you should understand that car accident injury may take a while to develop. Not seeking medical attention immediately following an accident can decrease your chances of getting compensation for the medical claim.
While you are busy trying to be optimistic about your accident, make sure that you are not causing long term damage to your body. Seeking medical attention following an accident allows a physician to ask questions about the accident, helping determine the appropriate test to ensure you are indeed injury-free. A personal injury attorney in Lake Charles will usually encourage you to seek medical attention for your protection.
Stress and paperwork
With a car accident comes lots of paperwork. Phone calls and interviews with insurance companies, an ever-increasing pile of forms and affidavits, none of which leave you time to process the accident or begin recovery.
Even if your injuries were not severe, merely navigating the paperwork and phone interviews can be stressful. The opposing insurance company's job is to limit their liability, and their questions are geared to do just that. It is advisable to get the help of a Lake Charles personal injury attorney. Our attorneys are acquainted with the insurance adjusters and lawyers' mode of questioning and can help you avoid pitfalls of the interviewing process. Our injury attorneys Lake Charles act as your representative, take care of the paperwork, filings, work with your medical providers on billing, and call the insurance companies involved in the claim.
Yes, accidents are indeed unfortunate, but the trail of events that follow an accident can be even more hapless. The most frustrating of them is the expense. Recovering from a serious car accident can result in tens of thousands, if not hundreds of thousands of dollars.
The accident might not seem very serious at first, but slowly you realize its financial impact.
There are many types of damages and expenses in a car accident injury:
Mentioned above are the most common financial effects of an injury that take a toll on your financial stability. If you have been involved in a car accident in Lake Charles Louisiana , consider contacting our Lake Charles personal injury attorneys.
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Personal injury cases can be very painful, not only from the financial point of view but also from the physical point. There have been many personal injury cases where the person injured has been confined to a recovery bed for weeks or years. This type of situation can lead to loss of wages, emotional trauma, and increasing medical bills well beyond the statute of limitations for filing your case. If you are still bedridden, then dealing details necessary to prove the other party’s responsibility in the accident can prove a significant challenge. This is where a personal injury attorney can act as your agent, relieving you of the legal hassles.
If your personal injury case involves an act of negligence, then you will need to file a case in the court in order to recover compensation. But it doesn’t mean that it is compulsory for you to visit the court as many personal injury cases are settled outside the court. If you want to assure you are fully compensated for your personal injury, then it becomes important to hire a personal injury lawyer to act as your agent and guide you through the process.
In this blog post, we will look at the roles and responsibilities of a personal injury lawyer.
Help you in gathering evidence
One of the responsibilities of a personal injury lawyer is to gather the important evidence required to strengthen your case in court. A judge will require proof of negligence, the accident report may not be enough to prove negligence in your injury case. The court needs evidence, and a good lawyer can help you gather important evidence. Some of the most common and vital pieces of evidence used in personal injury cases are photos of the where the accident took place, damaged property, injury and weather conditions, police report, medical bills, medical reports, written statements from eyewitnesses, and much more.
Investigate the claim
Probably the largest benefit of hiring personal injury lawyer is they work on a contingency fee basis, this means that they will only charge the fee if you recover compensation for your injuries. Contingency fees work as incentive for the personal injury lawyers to investigate the claim very carefully, this compensation structure increases an attorneys commitment to winning the case.
Negotiation with the other party
It doesn’t matter how much you read about personal injury cases or how many videos you watch on tips to win a personal injury case; on your own, you stand little chance of full compensation against the agents of the insurance companies. These agents are exceedingly competent at minimizing compensation and extracting testimony to use against you in allocation of fault. This is where a personal injury attorney can help you. With their experience and expertise, personal injury lawyers can help you in negotiating with the insurance company.
Explain your rights
If you are filing a personal injury case, it is crucial you know your rights. When you chose an experienced injury lawyer, they will explain your right to compensation, toughly the amount of compensation you are entitled, and the types of losses you can file for, a good lawyer will also explain your position in the case.
Before attempting to negotiate your personal injury case on your own, consider scheduling a free consultation with a Louisiana Personal Injury Lawyer.
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Most residents in Louisiana have likely heard people talk about distracted driving and how dangerous it can be. The U.S. Centers for Disease Control and Prevention reported that a 2015 study by the National Center for Statistics and Analysis found that over 1,000 injuries and 9 deaths on U.S. roads per day are attributed to distracted driving.
While the local and national focus on distracted driving has largely centered around handheld use of mobile phones, it is important for people to understand that there are many other forms of distraction that are equally as dangerous. In addition to manual distractions that take a driver’s hands off the steering wheel, visual and cognitive distractions take a person’s eyes and minds away from driving which can be highly risky.
A study by the AAA Foundation for Traffic Safety took a look at how dangerous the use of in-vehicle systems might be. They evaluated 40 systems in cars made in the last two years that required no hands but did require the eyes and minds of drivers. Hands-free navigation systems were found to be the most dangerous of all types of systems. Overall, 17 of the systems in the study were found to require a very high demand on drivers for their mental and visual attention.
What many consider to be a routine task – the programming of a vehicle navigation system – took the average of 40 seconds to complete. During this time, a driver’s attention and eyes may be diverted away from driving, posing a serious risk to not only themselves but others in their vehicles and elsewhere on the road.
To clarify manual, visual and cognitive distractions, please see examples below.
Manual Distractions – handling your cell phone, eating, drinking, applying makeup, passing things from the front of the car to the back, removing clothing, brushing hair or digging in front of the vehicle storage areas. Manual distraction is anything that takes your hand or hands off the wheel.
Visual Distractions – looking for a new cd, watching or reading the news on an electronic device, tuning the radio system, programming your navigation system, or looking at passengers.
Cognitive Distractions – listening to audiobooks, rehearsing a speech, daydreaming, impassioned phone calls, arguing with passengers or on the phone. Cognitive distractions can be deceiving because on the outside it could appear you are doing everything right, while your mind is focused on something other than driving. The unfortunate consequence of distracted driving are all too real for those in the path of the distracted driver. Many victims of distracted driving are left injured and alone to pick up the pieces. At Lundy Lundy Soileau & South, we focus on the victims’ rights, including the right to recover just compensation for the negligent actions of another. Our team of veteran personal injury attorneys in Lake Charles, La are skilled litigators and diligent defenders of justice. Should you find yourself on the receiving end of a distracted driving accident, please consider reaching out for a free consultation
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The death of a family member can be a devastating loss for anyone and especially if it is caused by wrongful death. While no one can compensate you for the loss of your family member, you can file a case of wrongful death to help relieve the financial hardship associated with the loss of a loved one.
A wrongful death claim is defined as a death caused through intentional harm or due to carelessness, negligibility or failure to act. A person crossing a road killed by a driver who was drunk or the accidental death of a woman during a purse snatching fall under the category of wrongful death.
In the case of wrongful death, the family members of the parties affected due to the death can file a wrongful death personal injury lawsuit on the departed’s behalf. These types of lawsuits are categorized under the civil lawsuit cases and it assists the loved ones of the departed to recover the losses for pain, suffering, stress, monetary loss, medical bills, and other financial burdens.
How does a case become a case of a wrongful death?
Not all cases of death can be categorized under the wrongful death explained by the law. A case of death can become a case of wrongful death only if the reason for the death is carelessness, intentional harm, negligibility or failure to act. As an example, if a person dies because of unsound treatment then it can be categorized under wrongful death while if a person dies because of his severe medical condition even after the extensive efforts of a doctor are exhausted, then it cannot be categorized under wrongful death. In order to qualify as wrongful death, the reason of death must be negligence, recklessness, criminal or intentional. Lake Charles wrongful death attorneys say that is very important to fully understand what qualifies as wrongful death before filing a lawsuit.
The burden of proof
Innumerable wrongful death claims are settled within the courtroom trial, the attorneys of both sides agree on a settlement which is made out of the court. Once the lawsuit of wrongful death has been filed, the party filing the claim needs to provide various elements of a wrongful death claim. In order to win a case, the family members of the deceased must provide these four elements in order to win the case. The four elements of wrongful death claim include:
Negligence- The element is the proof of negligence under which the family members of the deceased need to proof that the death was caused due to negligence, carelessness, intentional harm or failure to act. If the family members are not able to prove this, then their road to wrongful death claim will become quite difficult.
Breach of duty- In order to win the wrongful death claim, you must prove that the defendant in the wrongful death claim owed a duty to the deceased person. For example, a car driver has the duty of road safety and is obliged to follow the traffic law. Doctors have the duty to maintain the good health of their patients. You must establish a way through which you can prove that the death of your loved ones was caused because the defendant failed to fulfill his duty which becomes the reason for the death of your loved one.
Causation- Along with proving that how the breach of duty by the defendant lead to the death of your loved one, you also need to prove that how the negligence become a major reason for the death.
Damages- The last element of proof requires you to show that the death of your loved one caused you quantifiable damages like hospitalization, medical bills, funeral and burial expenses, etc. The quantifiable damage can also include loss of protection and earning along with pain and suffering of the deceased person before his death.
Choose the right wrongful death lawyer
Choosing the right wrongful death lawyer can mean the difference between your case going to court or the risk of it being rejected. Offshore accident lawyers Lake Charles say that the selection of a good lawyer plays a key role in winning wrongful death lawsuits and that’s why one should never choose a lawyer in hurry.
If your loved one has died because of wrongful death then you can file a lawsuit against the party responsible for recovery of financial loss, pain, and suffering. It is always a good idea to hire the best wrongful death lawyer to help you better understand your situation before going to court.
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A personal injury lawyer practices what is known as tort law, an injured person has the right to go to a civil court and get legal remedy for all the losses and damages incurred due to an accident or incident. The main purpose of the personal injury law is to financially compensate the injured person for his loss or harm caused due to carelessness or ignorance of another. But before filing a personal injury claim, you must understand the basic requirement and eligibility so that your case will go through with as little hassle as possible while trying to obtain financial compensation.
Every piece of evidence matters
If you are going to file a personal injury case then you should know that every piece of evidence matters as the case will be dependent upon the evidence which will be shown in court. The evidence can vary depending on the type of personal injury case, but the most common proof needed when filing a personal injury case are pictures of the accident or injury, medical reports of the accident, notes of police investigation, X-ray and MRI reports, automobile and health insurance cards, detailed information of the property where the accident took place, etc. There are many documents you will need to provide to ensure a successful file for a personal injury case.
Insurance Companies Can Be Brutally Unfair
If you are thinking that your insurance provider will work in your best interest in cases of personal injury cases then you have been misinformed. Most of the insurance providers try to find loopholes in your personal injury case so that they can limit what you need in terms of financial compensation for medical expenses and other damages which may result in any type of financial expense. Due to undervaluing your claim, you could suffer a financial crisis in the long run, especially if you are unable to return to work, the office or field due to injury.
Cases Can Settle Before Going to Trial
Settling your case should case settled should not be your only option for compensation. During a personal injury case , there are many instances where accident cases have been settled out of court through a mediation process or through negotiation with an insurance provider representative. Motorcycle accident Lawyers in Lake Charles say that a good lawyer should try to achieve an agreeable and timely settlement on your behalf but, your lawyer should have also courtroom expertise in case a negotiated settlement is unfair. If you want to avoid the hassle, it’s why so few attorneys go to trial, of a courtroom then you can try to settle the case through the mediation process.
Your attorney matters
It is not likely to matter how much winning evidence you have regarding your personal injury case, if you don’t have a good attorney by your side and when we say attorney, we specifically mean personal injury lawyers who are well-versed in these types of cases and skilled litigators. You should never settle with just any lawyer as he/she might not have the right expertise needed to win the personal injury case, instead, look for lawyers who have expertise in personal injury cases and have courtroom experience.
If your serious accident requires filing a personal injury case your first concern, after seeking medical attention, should be to find the best personal injury lawyer in Lake Charles, La so he/she can suggest the next move forward with your case. With an experienced personal injury lawyer by your side, your chances of winning your personal injury case will increase as will your chances of obtaining fair compensation for your loss or injury.
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You Deserve the Best Legal Representation for Personal Injuries
Personal injury is one of the more complicated issues that individuals might face. This is true on both an academic and personal level. The laws regarding personal injury are incredibly complex. However, that's what we're here for. We can guide you through the process and decide on a concrete plan. However, there are some additional considerations regarding personal injury
The first step
The first step is often the hardest. And personal injury cases are no different in this regard. However, the biggest difficulty might surprise you. It doesn't even have anything to do with the law at all.
The first difficult step in a personal injury case is realizing that you deserve compensation. The legal system operates in a manner designed to safeguard the population from criminal neglect. In those instances where personal injury results from such inattentiveness there will be a clear need for action within the legal system. There will be a clear need for restitution when a personal injury results from such inattentiveness.
Furthermore, people are often afraid of the whole idea of ambulance chasing. They don't want to be or be perceived as greedy. This is one of many reasons why we strive to only take on meritorious cases. Principally, we're a firm that strives for justice that hasn't been divorced from morality. If we take your case it's because you truly deserve compensation.
You might think that an offshore location would have a huge impact on your case. But in general, you'll find that your basic rights are something that you carry with you through life. But an offshore location does put some twists into your case.
As such, it's important to ensure that you're dealing with an offshore accident lawyer with proper experience in this subdomain of personal injury law. We take great pride in the fact that we're able to step in to offer help to anyone in need. Our ability to match a client's needs with one of our offshore accident lawyers is one of our strengths.
What you can expect from a consultation
It's important to keep in mind that one needs to frame events in generalities. This comes back to the fact that law is such a complex topic. One can't simply go by a flowchart to understand exactly how his or her case will turn out. But this is also one of the better parts of legal representation.
It's easy to feel lost and confused when diving into legal issues. And, there is good reason to feel that way. Trying to sort out a legal case by oneself is comparable to trying to sort out a complex medical issue in a similar way. No one should have to do either on their own.
We try to make this as easy as possible offering free consultations. All you need to do is place a call and we can determine the best match for your needs. And then you can come in and discuss the case at no cost. This step will help both of us determine what your damages involve and what legal recourse is available.
Acting now and for the future
This is the point where it's time for you to take action. It's important to remember that this isn't simply directed at people with an immediate need. Anyone in the process of dealing with personal injury can attest to the fact that it's a nerve-wracking period. As such, one should try to prepare in advance. All it takes is writing down our number and keeping it somewhere you won't forget. That way it'll be there when you need it.
And if you're in a point where you have an immediate need then it's time to act. You've probably been considering it for some time. And you're also probably uncertain about the specifics of your case. But that's what we're here for. A free consultation can set you on the path to compensation you deserve.
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Personal injuries can occur at any time. When they do happen, you need a personal injury lawyer who will give you the necessary legal guidance to help you get through this trying time. Personal injuries occur as the result of the negligence of another person, company, government agency or other entity. Find out about car accident attorney Lake Charles today
Five Reasons To Get A Contingency Lawyer
There are at least five reasons to hire a personal injury lawyer after an auto accident or personal injury case such as handling all negotiations with your insurance company, proving liability for your injuries and determining the value of your injuries. Other reasons include negotiating for a fair settlement and filing a personal injury lawsuit. Talk with a car accident attorney Lake Charles as soon a possible.
Why You Need A Personal Injury Lawyer
Keep in mind; if you were involved in a car accident that was caused by someone’s careless driving, then you need the expertise of a personal injury lawyer. It is especially important that you higher an experienced lawyer if you were involved in a car accident so that you don’t have to pay for someone’s negligence. Allow a local car accident attorney Lake Charles to explain the contingency process.
Personal injury lawyers will handle negotiations on your behalf with the insurance company
The most important reason to hire a personal injury lawyer, for a car accident that was not your fault, is for the lawyer to handle all negotiations with the insurance company. In most cases, an insurance company will try to get you to agree to a low settlement. Your personal injury attorney knows how to negotiate with an insurance company.
A personal injury lawyer will prove liability for your injuries
Another reason to hire a personal injury attorney is for your attorney to prove liability for your injuries. An experienced personal injury attorney will review carefully the evidence and decide who was at fault for the damages that occurred.
A personal injury lawyer can also determine the value of your injuries.
He or she will not accept a settlement that does not cover the full extent of your losses. Your attorney will work hard so that you get the compensation you deserve to help with property damage, lost wages and future income and past and future losses for medical expenses.
Your attorney will negotiate for a fair settlement. Most importantly, your attorney, once all facts have been reviewed carefully, will negotiate for a fair settlement.
Keep in mind; it is important to get a contingency lawyer for your car accident. Before hiring a lawyer, find out if he or she will offer a contingency fee agreement.
What is a contingency fee agreement?
A contingency fee agreement is an agreement that allows anyone, regardless of income, to hire an attorney and bring a lawsuit when circumstances require legal protection. With most contingency fee agreements, there is a recovery of money for the client. If contingency does not happen during the lawsuit, then the client does not owe the lawyer or firm anything. Under the contingency agreement, the law firm takes all the risk.
Another benefit of a contingency fee agreement is giving injured people of moderate finances a chance in the courtroom. Contingent fees also provide an incentive for lawyers to do their best so that they can be paid for the results of the lawsuit. Another benefit is giving the client confidence that their lawyer believes in their case and will do their best to produce a positive results.
To conclude, personal injuries can occur at any time. Talk with a car accident attorney at Lundy Law LLP in Lake Charles to find out more.
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Lawyers Fighting For You!
Hiring an attorney can be one the most important decisions you make. When you are faced with making a decision make sure you are making an informed one. If you are looking for lawyers in Lake Charles La you should consider Lundy Law LLP, they have collectively recovered over 1 Billion dollars for their clients. Yes, you read that correct – over 1 Billion dollars! Founded in 1986, they have been serving the needs of residents in Lake Charles, Louisiana and across the United States for nearly 34 years. When it comes to Lake Charles Attorneys you will find they are peer recognized leaders in their field.
Their attorneys boast over 150 years of experience as personal injury lawyers. When you are in a moment of need you should consider lawyers with experience and a proven track record. The results at stake are simply too high to make the wrong decision. The attorneys at Lundy Law, LLP are peer respected, winning awards from peer recognition groups such as”Top Lawyers,” “Super Lawyers,” “National Trial Lawyer Top 100,” “Litigator Award, Top 1% Lawyers,” “American Institute of Personal Injury Attorneys, 10 Best Attorney”, You need Lundy Law, LLP on your side!
Areas of Expertise and Practice
With their vast network of experienced attorneys they have a specialist in almost every field. No matter the situation, their team of lawyers will represent you in your time of need. When you have been harmed by another’s negligence or wrongdoing, you need proven representation. Some of the more well-known areas of law they excel in are personal injury, catastrophic injury, chemical and occupational exposure, product liability, real estate, wrongful death, property insurance claims, environmental law issues, dangerous drugs and pharmaceuticals, general civil matters, maritime law, oil and gas accidents, class action lawsuits and litigation and dangerous and defective products. With their scope, experience and track record, you can count on them to provide the representation you deserve!
When it comes down to it, and you require a lawyer to obtain justice, you deserve an experienced litigator. Lundy Law, LLP has a proven track record of success. They have a long list of substantial settlements and favorable verdicts for their clients. Their team has won over 7.5 million dollars for a client involving business tort and fraud, a 6.52 million dollar settlement for a family who suffered a wrongful death of a loved one, a 50 million dollar settlement in a mass tort case, and many multi-million dollar settlements due to personal injury cases. These are just a few examples of a 34-year record of success. If you are looking for attorneys who get results, look for the best lawyers in Lake Charles La!
Need a Lawyer?
When you are searching for Lake Charles personal injury attorneys consider Lundy Lundy Soileau & South, LLP. If you have been involved in a serious accident the first thing to remember is not to panic. Insurance companies will often try to get you to rush to make a statement or come to an agreement. Unfortunately, these tactics and offers will heavily favor the person that caused you harm. Lawyers represent insurance companies, in serious accident cases, shouldn’t you be represented too? They are hoping you react emotionally and accept their first offer. They are not concerned about your welfare. They are working on behalf of their client and they want to minimize the financial liability of their client. The most important thing you can do it refuse to make a statement and speak with a personal injury lawyer. We will use our years of experience and credibility to work hard and fight for you and your rights.
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The personal injury claim that you must file should be handled by an attorney who understands how to protect your rights, knows what you need to do today for your pain and suffering, and will explain to you what needs to be done to make the case move as quickly as possibly. You should ask your car accident attorney Lake Charles if they have a plan for your case, you should bring them all the evidence you have, and you need give them time to review the case.
1. What Happened?
You need to ask your car accident attorney to look into what happened on the day of your accident. You might have a police report, but that does not tell your attorney everything they need to know. You need to allow your lawyer to look into the case, and they will come back with the information that they need to make a case for repayment of damages. You should also give them some leeway in time to figure out what happened before they file a claim.
2. The Claim
The claim is filed by your car accident attorney Lake Charles when they have enough evidence to prove that you were hurt by no fault of your own. They will file a suit against the people who actually caused your accident, and you must allow them to guide the process. Filing a lawsuit against a negligent party could prove a little bit overwhelming. Allow your car accident lawyer to guide you through the steps.
3. The Negotiation
You need to ask your lawyer to negotiate on your behalf after the accident. They will work with the other side to come to a fair agreement, and they will let you know what they have been offered. Your lawyer is the person who will handle everything for you, and they will begin to show you the recovery amount they think you can expect. In most cases, you will not go to court. However, there are times when you need to be prepared to go to court because the other side is unwilling negotiate.
4. The Settlement
Many times, you can settle the case quickly if you want, but you need to be sure that you have chosen a settlement that you think is fair and will cover any future medical needs that may arise. Legally you have a right to go to court if the settlement is not enough, but this is not always a good idea. When taken to court, all the particulars of your case will be covered, and it may be found that you are partially responsible. If the evidence is not solid enough or your chances of winning are questionable your lawyer may advise you to take a settlement. Strongly consider your lawyer’s advice as you plan to either go to court or settle.
5. The Judgement
The car accident attorneys in Lake Charles will manage the judgement for you, if they settlement is substantial enough they may suggest that you consult a financial advisor on how to invest or manage your award. Keep in mind, the award includes your expenses for medical bills, and you will be responsible for paying those out of the judgement.
The best thing that you can do after an auto accident is to contact an attorney who knows how to file a claim on your behalf, who will follow through on that case for you, and who will show you what they would do in your situation. Consider speaking with a serious accident attorney in Lake Charles, so you can focus on your recover.
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If you were hurt in an auto accident, you're probably wondering if you need an attorney. There are several reasons why you should contact Lundy Law LLP. Below we share five reasons why you should consider hiring a personal injury lawyer if you have been in an accident.
To Avoid Hassle
The first reason to hire a personal injury attorney Lake Charles is so you can focus on yourself as well as your loved ones. You want to focus on your health and recovering while your lawyer does the rest of the work. It's their job to handle these things. They often do more than just handle the insurance companies, most of the time they help address the medical bills, records, and the finances.
The moment you get into a car accident, you will probably be unsure where to begin. You have to worry about medical bills, insurance, personal injury, and property damage. You'll receive mounds of paperwork to fill out. This can be a stressful and time-consuming process while you are focused on recovery, and can easily be handled by your personal injury lawyer who is accustomed to such work.
Level Out the Playing Field
Your insurance company will try to pay you as little money as possible. Once your accident is reported to your insurer, they will conduct several investigations and methods of research to ensure their cost is reduced. They're in the business of managing and negotiating claims while protecting their investors profits. You need to level the playing field by having a lawyer that has your best interests in mind.
You need someone who can handle the insurance company in a timely manner. While no one usually gets sued, you want to stay current on time limit you have to sue for injuries or damages following an auto accident. It's important that you know and file within your limits. Personal injury lawyers in Lake Charles will keep your claim inside the statue of limitation laws for auto accident claims along with the deadlines.
To Avoid Pitfalls
Another reason you need to hire a personal attorney is to avoid potential pitfalls that occur with your case. This can prevent the insurance company from getting you in trouble and not compensating for damage or an injury. They may not even want to help repair your vehicle after the auto accident. This may be new to you since you if you have never been in an accident.
There are so many ways you can incur fault with your own insurance company. Most of those mistakes could cost you money and prevent you from receiving fair compensation. The insurance company will use some of these mistakes against you to reduce the value of your claim. Your a knowledgeable personal injury lawyer can work with you to prevent these pitfalls from happening.
To Get Compensated Fairly
Your attorney is going to fight to obtain money you justly deserve and more than you would likely receive on your own. When serious auto accidents occur and cause lengthy recovery, you really are doing yourself a disservice by not engaging an attorney, a skilled attorney will help you recognize losses that would not generally come to mind.
Keep in mind how long your recovery will take. Your personal injury attorney Lake Charles will help you come up with a realistic answer. If you have sustaining injuries that last a year or longer, your time away from work, medical bills, physical therapy, etc. will add up. The financial loss will be devastating if you're never able to recover. The insurance company has attorneys working to limit their liability, that's why you need a legal professional who's on your side.
To Help Ease Your Burdens
When you've been in an accident, you’ll have a lot going on in your life. Its likely tol become a stressful situation for both you and your family. Not just physically damaging, but emotionally and mentally damaging as well. When you have injuries with life-threatening or long-term consequences, you'll feel the pressure of trying to getting back to a normal life.
You have a lot to do. That's why you need someone to fight your battles and ease your burdens. Experienced personal injury lawyers in Lake Charles will do most of the heavy lifting as you work on your recovery. After all, recovery should be your primary focus.
The attorneys at Lundy Lundy Soileau & South are here to help if you ever in an auto accident. You need someone who will take the time to look into your claim and help you get the compensation you deserve. Contact our law office for a free consultation.
Accident Attorneys - Car Wreck Lawyers - Injury Lawyers - Lake Charles, La
If you have been injured and need the assistance of a personal injury attorney, there are a few things you should consider asking while interviewing one to handle your case.
The important of experience in this area of law cannot be overstated. Personal Injury is unlike many other areas of law. This is not a simple contract that need draw up and signed. Your personal injury attorneys experience is going to make a big difference in whether or not you awarded enough money to compensate you for current medical bill, lost wages, personal property loss and any future medical needs that may arise due to the accident. You will want to find a lawyer that has a history of success with cases like yours.
Another consideration is compensation, and whether it is going to be very extensive. You should ask what type of compensation your potential attorney plans to seek. Will the dollar amount be enough to cover current and future medical costs, property damage, pain and suffering, and the loss of earnings? If you are the widow in a wrongful death case, will you seek compensation for the funeral and burial expenses, all medical expenses associated with the accident that lead to the death of your spouse or family member, loss of financial support and benefits, and the loss of companionship? Of course, much of the recovery will depend on your relationship with the deceased and his or her circumstances. A knowledgeable attorney will help you to understand the type of compensation you are entitled to and should seek.
The circumstances surrounding each personal injury case is different for every client. An experienced accident lawyer will take a detailed account of the events that lead to the victim’s injuries. Only extremely skilled lawyers will be able to help you to discern the true value of your claim. When seeking compensation, you really should speak with an attorney before talking to the insurance company. You could inadvertently share information about a knee injury that occurred 20 years ago during a high school soccer match, that you fully recovered from, and the insurance company will now try to tie to your current injury thereby reducing your compensation.
Many times, through careful preparation and investigation by a personal injury attorney, cases are settled out of court. On the off chance that your case needs to go to court, your attorneys trial experience is going to play an important role in whether you win your case and the necessary award needed to fully recover from the accident. Be sure to ask the law firm you hire about their trial experience, including what percentage of their cases are settled out of court and their success rate on cases that have gone to court.
Finally, when engaging a personal injury attorney, ask them what the time frame of a case like yours looks like. Depending on the amount of work that needs to be done and witness that need to be called, it may take a significant amount of time to reconcile your case. The time frame of an injury case is the leading cause of victims taking a low settlement offer. When working with an experienced attorney, he or she may be able to help you defer certain bills associated with the accident until an equitable agreement has been reached, or until the court awards you compensation.
What You Should Know About Personal Injury Cases - Injury Lawyers - Lake Charles, LA
The National Highway Traffic Safety Administration reports that distraction plays a role in a majority of car accidents. If you, or someone you love has been injured by a distracted driver, call Lundy, Lundy, Soileau & South at 800-259-1005 to schedule a free consultation today.
What is Distracted Driving?
We often think of distracted driving as driving while texting, but that is far from the only dangerous behavior in which drivers engage. Distraction can include:
Anything that takes your eyes and attention off of the road, no matter how briefly, is a form of distracted driving and places you and everyone else on the road at great risk.
The lawyers at Lundy, Lundy, Soileau & South strongly encourage you to think about your own driving habits to help reduce your risk of causing a serious accident. If you, or someone you love has been injured by a distracted driver, call the distracted driver injury attorneys at Lundy, Lundy, Soileau & South at 800-259-1005 to schedule a free consultation today.
Distracted Driving Accident Attorneys - injury Lawyers - Lake Charles, La
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