Wrongful Death Attorney in Louisiana

The death of a family member due to someone else’s wrongful actions leaves a void that’s impossible to fill. Even as you cope with the grief of your loss, you might also have to deal with expensive medical and funeral bills to pay. This stress can make an already challenging situation that much more difficult.

At The Thibeaux Firm, we want to lighten this burden for you. We understand that nothing will make up for the loss of a family member, but we have seen first-hand the difference a successful wrongful death claim can make in these situations.

Attorney Omar Thibeaux and his team know how to handle wrongful death cases with sensitivity and determination. As home to “The 25% Attorney,” we make sure our clients get more money for their cases by keeping our legal fees to a flat and reasonable 25 percent of what we recover for you.

We would be honored if you trusted us to stand by your side and provide the support you need during this challenging time. Call us today for a free, no-obligation consultation with a Louisiana wrongful death lawyer. Let’s pursue the justice, accountability, and compensation you deserve together.

How a Louisiana Wrongful Death Attorney Can Help You

Losing a family member unexpectedly is devastating, and dealing with the aftermath can feel overwhelming. Our wrongful death law firm is here to support you every step of the way. We understand this is a difficult time, and our goal is to make the legal process as smooth as possible for you and your family.

First, we will conduct a thorough investigation to gather all the necessary evidence. This includes reviewing police reports, speaking with witnesses, and working with experts to build a robust case. Our team will handle all the paperwork and legal filings to make sure everything is done correctly and on time.

Next, we will negotiate on your behalf with the insurance companies and responsible parties to seek fair compensation for your loss. We understand the tactics these companies use to minimize payouts and will fight to secure the financial support you deserve.

If the liable parties do not agree to a fair settlement, we can take your wrongful death case to court. Our experienced attorneys will represent you before a judge and jury, presenting a compelling case to seek justice for your loss.

Throughout the entire process, we will provide compassionate support and clear communication. Let us handle the legal burdens so you can focus on healing and remembering your lost family member.

What Compensation Is Recoverable in a Wrongful Death Claim?

A wrongful death claim allows you to recover compensation for the direct and indirect losses you’ve experienced after a family member’s untimely passing. While the specific amount you could recover depends on the specifics of your case, your wrongful death compensation may include money for:

Medical Expenses – If your deceased family member received medical care before passing, you can recover the costs of their treatment, hospital stays, and any other related medical bills.

Funeral and Burial Costs – Funeral and burial costs have skyrocketed in recent years, putting intense financial stress on families. Compensation from a wrongful death claim can help cover these costs.

Loss of Income – If the deceased was a primary wage earner in your family, you might face considerable financial strain. A wrongful death claim may include compensation to cover the income your loved one would have earned had they lived.

Loss of Benefits – Benefits like health insurance and retirement contributions that the deceased would have provided can also be included in your compensation.

Loss of Companionship – The emotional impact of losing a loved one is immeasurable. While it can be a challenge to put a value on emotional pain, a wrongful death claim can include compensation to recognize your loss of companionship, love, and support.

Pain and Suffering – A wrongful death claim may include compensation for the pain and suffering your family has experienced because of your tragic loss.

How Can ‘The 25% attorney’ Help Me Get More Money in a Wrongful Death Lawsuit?

With Thibeaux Law Firm, we offer a distinct advantage to the money you and your loved ones could recover in a wrongful death claim.

The business model for most accident injury law firms is a contingency fee. With this arrangement, you’re only responsible for legal fees once the lawyer has secured compensation in your case. These fees are taken from an agreed-upon percentage of the money recovered. But it is common for a law firm to take anywhere from 33 to 40 percent — meaning almost half of the money could go to your lawyer.

The Thibeaux Law Firm is different. We are home to “The 25% Attorney,” in that we’ve laid out a simple and fair 25 percent flat fee on what Attorney Thibeaux recovers for you. If we fail to recover compensation for you in your case, you won’t owe us anything. Plus, we don’t ask for any upfront fees, so you have no risk to get your wrongful death case started.

How Are Wrongful Death Settlements Paid Out?

Disbursement of wrongful death beneficiaries in Louisiana follows an order set by the state’s wrongful death statute as follows:

The surviving spouse and any children
The surviving parents, if there is no surviving spouse or child
The surviving siblings, if there are no surviving parents
The surviving grandparents, if there are no surviving siblings

What Do You Have to Prove in a Wrongful Death Case?

The Louisiana wrongful death statute says surviving family members can file a lawsuit when a family member “dies due to the fault of another.” To win your case, you will need to show that your loved one’s death resulted from the negligence, intentional actions, or other legal fault of another party.

In a legal case, “negligence” means a person injured or killed someone because they failed to take reasonable steps to prevent an accident. For instance, if a distracted driver hit another vehicle and the injured driver later died from their injuries, that might be an example of negligence.

What’s important to know is that someone’s actions don’t have to meet the definition of a crime for them to be liable in a wrongful death case. This means someone could be liable for a wrongful death even if the state does not charge them with a crime. That person could even be liable if they are found not guilty of a crime, as the standard of proof is lower in civil cases than in criminal cases.

In a criminal prosecution, the state has to prove the defendant’s guilt “beyond a reasonable doubt,” meaning there is no reasonable explanation for the facts of the case except the person’s guilt. This is the highest standard of proof in the court system. By contrast, the person who files a civil case must only prove the defendant’s liability based on “the preponderance of the evidence.” In other words, the evidence must show that it’s more likely than not that the defendant committed the acts in question.

Who Can File a Wrongful Death Lawsuit in Louisiana?

State law says the following parties can file a wrongful death lawsuit after losing a family member:

Surviving Spouse and Children – The first priority goes to the surviving spouse and child or children of the deceased. Either the spouse or the child or children can file the lawsuit, or they can do it together.
Surviving Parents – If the deceased has no surviving spouse or children, the right to file passes to the surviving father and mother. Either parent can file the lawsuit, or they can do it together.
Surviving Siblings – In cases where there is no surviving spouse, child, or parent, the surviving brothers and sisters of the deceased have the right to file a wrongful death lawsuit. Any of the siblings can file the suit, individually or together.
Surviving Grandparents – If the deceased left no surviving spouse, child, parent, or sibling, the surviving grandparents can file a lawsuit. Any surviving grandfathers and grandmothers can file the suit, individually or together.

How Long Do I Have to File a Wrongful Death Lawsuit in Louisiana?

The state’s Civil Code says the Louisiana wrongful death statute of limitations is one year from the date of a family member’s death. That’s not a lot of time, and vital evidence can disappear or deteriorate within days or weeks. It’s critical to talk to a Louisiana wrongful death attorney from The Thibeaux Firm as soon as possible to maximize your chances of winning a wrongful death claim.

Client Testimonial

“I had gotten in an accident. I was at the red light on Louisiana Avenue turning, and there was a truck that had sideswiped me while I was turning into the turning lane. I hired The Thibeaux Firm because I needed a lawyer and it’s a Black business, so why not support Black law firms? The settlement amount of my case was $40,000. I was beyond happy with my settlement. I would definitely recommend The Thibeaux Firm to everyone who gets in an accident, or anyone who needs a lawyer in general. The Thibeaux Firm is your firm to go to.”

- Brooke H.

What Are the Common Wrongful Death Cases?

Unfortunately, almost any accident can result in someone’s wrongful death in certain circumstances. That said, some of the most common wrongful death cases we see in Louisiana include:

Car Accidents – Fatal car accidents often result from reckless driving, speeding, distracted driving, or driving under the influence. These tragic incidents can leave families devastated.
Medical Malpractice – When healthcare professionals fail to provide the standard of care required, it can lead to fatal outcomes. Misdiagnosis, surgical errors, and medication mistakes are common examples of medical malpractice.
Workplace Accidents – Dangerous working conditions, lack of proper safety measures, and inadequate training can cause fatal workplace accidents. Construction sites and industrial environments are particularly prone to these tragic events.
Defective Products – Manufacturers have a responsibility to ensure their products are safe. When defective products cause fatal injuries, the manufacturer or designer may be liable. Examples of defective products include faulty machinery, dangerous drugs, and unsafe consumer goods.
Premises Liability – Property owners must maintain a safe environment. Fatal accidents can occur due to slip and falls, inadequate security, or hazardous conditions on someone else’s property.
Truck Accidents – Collisions involving large trucks often result in severe injuries or fatalities. Factors like driver fatigue, improper maintenance, and overloaded cargo contribute to these deadly accidents.

Contact a Louisiana Wrongful Death Lawyer Today

When you’re dealing with the emotional and financial strain of a family member’s unexpected death, you don’t need the additional stress of a major legal battle. Let The Thibeaux Firm take on this fight on your behalf, giving you the time and space to grieve.

You and your family deserve accountability and maximum compensation so that you and your family can move on with your lives. As home to “The 25% Attorney,” we will only take a flat, fair 25 percent fee, leaving you with a greater share of your settlement award than you would working with many other attorneys.

Let your journey to healing begin. Contact us today or email us for a free case evaluation with a wrongful death lawyer in Louisiana.

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