Have you lost a loved one in Baton Rouge because of someone else’s negligence? At The Thibeaux Firm, we understand how painful and overwhelming this time must be for you. If another party is to blame for what you’ve suffered, that person could owe you compensation for what they’ve caused you — and our dedicated wrongful death law firm can help you demand they pay you accordingly.
Attorney Omar Thibeaux and his compassionate team are here to support you in your time of need. We have the resources and experience to demand the financial recovery you deserve, and we offer them at an affordable rate. As the “25% Attorney,” Attorney Thibeaux charges a flat and fair 25 percent fee when he wins, whether at trial or at the settlement table. By charging less than the 33 to 40 percent that most other lawyers would, he gives more money back to those who need it most.
Don’t wait to get the reliable, affordable representation you need during this difficult time. Contact The Thibeaux Firm today for a free initial consultation with a Baton Rouge wrongful death lawyer, and let us pursue the justice your loved one deserves.
How a Baton Rouge Wrongful Death Attorney Can Help You
Hiring an experienced lawyer from The Thibeaux Firm for your Baton Rouge wrongful death claim can make a significant difference in the outcome of your case. An attorney will know the local courts, understand the complexities of wrongful death claims, and have the resources to develop a strong claim on your behalf.
A wrongful death lawyer in Baton Rouge can help you in key ways, including by:
- Investigating the circumstances surrounding your loved one’s death
- Gathering compelling evidence to support your claim
- Interpreting and complying with Louisiana’s wrongful death laws
- Interviewing witnesses to obtain detailed testimonies
- Hiring expert witnesses who can provide specialized insights
- Advising you on the ideal legal strategies for your case
- Calculating the full value of your family’s losses
- Filing all necessary claim documents accurately and on time
- Communicating with all parties involved to take the pressure off you
- Negotiating with insurance providers for a full and fair settlement
- Representing you in court if your case goes to trial
- Never charging you or your family anything unless they secure compensation for your lawsuit
What makes The Thibeaux Firm stand apart is how we strive to keep more money in each client’s wallet. We are home to “The 25% Attorney,” in that we charge a flat and fair 25 percent fee if we win your case. This is far below the industry standard of 33 to 40 percent. With Attorney Thibeaux, you can get more from any settlement or verdict than you would with many other attorneys — plus, you pay nothing upfront for his experience and support.
What Compensation Is Recoverable in a Wrongful Death Claim?
When someone dies due to another party’s wrongful actions or inaction, Louisiana law allows surviving family members to seek compensation through a wrongful death claim. This compensation aims to alleviate the financial and emotional burdens the family experiences due to the untimely death of their loved one.
Depending on the circumstances, survivors could claim wrongful death compensation for:
- Final Medical Expenses – The costs of medical care the deceased received before their death, including hospital bills, surgery costs, medication, and other related expenses
- Funeral and Burial Costs – The deceased’s funeral and burial expenses, such as expenses for the funeral service, burial plot, casket, and other relevant items or services
- Loss of Financial Support – The loss of future income and benefits the deceased would have provided if they were a primary income earner
- Loss of Consortium and Parental Support – The loss of companionship, care, and guidance the deceased would have provided to their spouse, children, and sometimes parents
- Emotional Distress – The grief and emotional trauma of close family members due to their loss
Additionally, punitive damages could be available in certain wrongful death cases. Punitive damages are different from other monetary awards because they do not compensate survivors for specific expenses or losses. Instead, their purpose is to punish the responsible party for the death and to discourage similar behavior in the future. These damages are available in rare cases where the defendant’s actions were particularly egregious, showing a blatant disregard for the safety and well-being of others. While these damages are less common, they can significantly increase the overall payout to the family.
How Are Wrongful Death Settlements Paid Out?
In Louisiana, wrongful death settlements can be paid out in two main ways: lump sum and structured payouts. Understanding the difference between these options can help wrongful death beneficiaries in Louisiana make the right financial decisions for their situations.
Lump Sum Payouts
With a lump sum payout, surviving family members receive the entire settlement amount at once. This option provides immediate access to all the funds, which can be useful for covering large expenses such as final medical bills, funeral costs, or outstanding debts. It also allows the family to invest or use the money as they see fit without waiting for periodic payments.
Structured Settlements
In a structured settlement, the compensation is paid in regular installments. This could be monthly, annually, or according to another agreed-upon schedule. Structured settlements provide a steady stream of income, which can help with ongoing financial needs and reduce the risk of quickly depleting the funds. This option offers financial security over a longer period and can be tailored to meet the family’s specific future expenses or needs.
What Do You Have to Prove in a Wrongful Death Case?
In a Louisiana wrongful death case, you must prove several key points to establish your claim, such as:
- Your Legal Right to File –First, you must show that you have the legal right to file a wrongful death lawsuit. This depends on your relationship to the deceased. In Louisiana, surviving spouses, children, parents, siblings, or grandparents typically have the right to file. Legal documents and family records can establish this relationship.
- Your Loved One’s Death –Next, you must prove that your loved one has died. You can usually do so by providing a death certificate and medical records.
- The Other Party’s Wrongdoing –You must also establish that another party’s actions or inaction caused your loved one’s death. This could involve proving intentional harm, reckless behavior, or strict liability, depending on the circumstances.
- The Losses Your Family Suffered –Finally, you must prove that the surviving family members suffered financial or emotional damages due to the wrongful death. This might include loss of income, medical and funeral expenses, and emotional distress.
An experienced attorney from The Thibeaux Firm can collect evidence like witness statements, financial records, and medical documentation to demonstrate these elements and secure the recovery you deserve for your loss.
Who Can File a Wrongful Death Lawsuit in Louisiana?
The Louisiana wrongful death statute specifies who can file a wrongful death lawsuit to seek compensation for the loss of a loved one. Eligible parties, in order of priority, include:
- Surviving Spouses and Children –First priority goes to the surviving spouse and children of the deceased. Either the spouse, the children, or both together can bring the suit.
- Parents of the Deceased –If the deceased left no surviving spouse or children, their surviving parents have the right to file the lawsuit. Either one or both parents can bring the suit to recover losses they suffered due to their child’s death.
- Siblings of the Deceased –If the deceased has no surviving spouse, children, or parents, their surviving brothers or sisters can file a wrongful death lawsuit. Any one of the siblings or all of them together can pursue the claim.
- Grandparents of the Deceased –If the deceased has no surviving spouse, children, parents, or siblings, their surviving grandparents have the right to sue for wrongful death. Any individual grandparent or multiple grandparents can bring the suit.
Notably, the law explicitly states that adoptive family members can file wrongful death lawsuits in Louisiana, too. This means adopted children, adoptive parents, and other adopted relatives have the same rights as biological family members to seek compensation for a wrongful death.
How Long Do I Have to File a Wrongful Death Lawsuit in Louisiana?
The Louisiana wrongful death statute of limitations gives you one year from the date of your loved one’s death to file a wrongful death lawsuit. This strict deadline means you must act quickly. If you wait too long and miss the deadline, you lose the right to file a lawsuit and seek compensation for your loss.
The best way to identify and meet this crucial deadline is to contact a lawyer from The Thibeaux Firm right away. Attorney Thibeaux will immediately begin working on your case, gathering evidence, filing necessary documents, and managing all the legal details within the required timeframe. By acting swiftly to consult a lawyer, you can protect your rights and increase your chances of a successful outcome.
What Are the Common Wrongful Death Cases?
Wrongful death cases arise when someone’s actions or negligence cause another person’s death. These tragic situations can result from various scenarios, such as:
- Traffic Accidents – Fatal traffic accidents often lead to wrongful death claims, especially when reckless driving, speeding, or driving under the influence is a factor. Common traffic accidents include:
- Medical Malpractice – If healthcare professionals fail to provide the appropriate standard of care, patients can suffer fatal consequences that give rise to wrongful death claims.
- Workplace Accidents – Dangerous working conditions, such as hazardous exposure or inadequate safety measures resulting from employer negligence, can result in fatal accidents on the job.
- Defective Products – Manufacturers have a duty to ensure their products are safe. If defective products cause fatal injuries, families can pursue wrongful death claims against manufacturers.
- Dangerous Premises – Property owners must keep their premises safe to prevent accidents. If someone dies due to unsafe property conditions, their family can file a wrongful death claim.
- Nursing Home Abuse – Nursing home residents are vulnerable to abuse and neglect, which can be fatal. Families can hold facilities accountable if inadequate care or abuse results in death.
- Criminal Acts – Intentional acts of violence, such as homicide, can also form the basis of a wrongful death claim, even if the perpetrator faces separate criminal charges.
Contact a Baton Rouge Wrongful Death Lawyer Today
A family member’s unexpected death can cause emotional and financial strain, but you don’t need the additional stress of a major legal battle. The Thibeaux Firm is here to fight on your behalf, giving you the time and space to grieve and heal.
Ready to demand accountability and maximum compensation for your loss? Contact The Thibeaux Firm today to arrange your free, no-obligation consultation with a Baton Rouge wrongful death attorney.