Wrongful Death Attorney in Lafayette

The loss of a loved one can cause your family considerable grief and anguish. Moving forward without their companionship, guidance, and support can take significant time. The turmoil can be even greater when your loved one’s death results from someone else’s negligence or recklessness.

While no amount of money will ever be enough to fill the void left behind after the loss of someone you loved, pursuing compensation from the responsible party can help you manage sudden financial strain and provide a much-needed sense of closure. If you believe you have grounds to file a claim under the Louisiana wrongful death statute, The Thibeaux Firm can help.

As a respectful and understanding Lafayette wrongful death attorney, Attorney Omar Thibeaux and his team are prepared to advocate for your family’s rights and interests. Local families have long relied on Attorney Thibeaux for hardworking legal counsel in their time of need and the best value for their case. When you work with “The 25 Percent Attorney,” you will pay nothing upfront and only owe 25 percent of any amount The Thibeaux Firm recovers on your behalf.

With The Thibeaux Firm on your side, we will fight to hold the at-fault party responsible for your tragic loss and recover the compensation you need to move forward. Contact us today to discuss your legal options in a free consultation with a caring wrongful death attorney in Lafayette.

How a Lafayette Wrongful Death Attorney Can Help You

The period after a loved one’s sudden death can be a stressful and confusing time. A Lafayette wrongful death attorney from The Thibeaux Firm can help your family recover by handling the details of your legal claim so you have the space to grieve and heal. We can pursue the financial recovery and justice you deserve by:

• Investigating the circumstances of your loved one’s death to obtain evidence we can use to build a case to hold the at-fault party accountable
• Identifying liable parties and evaluating your family’s options for seeking financial recovery
• Documenting the financial losses caused by your loved one’s death, including working with economic experts to determine the loss of your loved one’s future earnings
• Filing your family’s claims and dealing with the insurance companies to take stress off your shoulders
• Making a determined effort to secure the compensation your family needs and deserves, whether through a negotiated settlement or by going to court and trial to hold the at-fault party accountable for the harm they caused

What Compensation Is Recoverable in a Wrongful Death Claim?

Although no amount of money can undo or make up for a loved one’s death, pursuing financial recovery through a wrongful death claim allows families to secure money to cover expenses and losses such as medical bills, funeral and burial costs, and lost income. Wrongful death compensation can also provide families with some measure of justice after the death of their loved one (known in legal terms as the decedent).

Wrongful death beneficiaries in Louisiana may have the right to recover compensation for losses such as:

• A decedent’s final medical expenses to treat their last injury or illness
• Reasonable funeral and burial expenses
• Loss of the decedent’s income, employment benefits (such as health insurance), and expected financial contributions to the family
• Loss of the value of the decedent’s household services, such as home maintenance, housekeeping, or childcare
• Surviving family members’ grief and anguish
• Loss of the decedent’s care, companionship, emotional support, and guidance

In specific cases, a jury in a wrongful death lawsuit may have the option of awarding exemplary damages. These damages do not compensate a family for their loss; instead, they punish the party responsible for their death. Louisiana juries may only award exemplary damages in wrongful death cases involving a drunk driver whose wanton and reckless disregard for others’ safety led to a collision.

How Are Wrongful Death Settlements Paid Out?

A wrongful death claim can provide a family with significant compensation, which reflects the magnitude of the loss of a loved one. As a result, liable parties who choose to settle a claim may negotiate various means for paying out wrongful death compensation in a settlement. Families may receive a lump-sum wrongful death settlement or a structured settlement.

In a lump-sum wrongful death settlement, a family receives the entire negotiated compensation upfront in one payment. Lump-sum settlements offer families various advantages, including receiving the entire settlement immediately so they can use the funds to pay expenses or debts incurred from their loved one’s passing, such as final medical bills, funeral and burial costs, or credit card debt.

In a structured settlement, compensation is paid out according to a payment schedule outlined in the settlement agreement. This schedule may involve equal monthly, quarterly, or annual payments, regular payments that increase in amount, a large upfront payment, or a final large “balloon” payment.

Although structured settlements require families to wait for total compensation, they offer various benefits. First, structured settlements enable opposing parties to agree to higher total compensation, because they can spread the payment of compensation over time. Alternatively, it may enable them to purchase an annuity or other financial vehicle to fund the payments. Structured settlement payments also give families a regular income stream for a period of time, which can help mitigate the loss of a deceased breadwinner family member’s income.

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

Recovering compensation in a wrongful death case requires your family to prove another party’s fault in causing a loved one’s death. Most wrongful death claims involve allegations of negligence, recklessness, or intentional conduct.

In wrongful death cases arising from intentional conduct, such as assaults or homicides, you must prove that the at-fault party intended to cause your loved one’s death or knew that their actions would result in their death.

A recklessness claim requires you to show that the responsible party knowingly or intentionally disregarded the substantial risk that their conduct could lead to someone’s severe injury or death, and that this conduct directly and proximately caused your loved one’s fatal injuries and death.

Finally, a negligence claim requires you to prove that those at fault for your loved one’s death owed them a duty to act in a careful or reasonably prudent manner, engaged in careless conduct, and directly and proximately caused your loved one’s death as a result.

In a wrongful death case, a personal injury lawyer can use evidence such as eyewitness testimonies, expert witness statements, medical records, accident reports, surveillance footage, and any relevant documentation showing negligence or misconduct by the defendant to prove fault and establish liability.

Who Can File a Wrongful Death Lawsuit in Louisiana?

Louisiana’s wrongful death statute establishes a priority list of surviving family members who have the right to file a wrongful death lawsuit following the death of a loved one.

First, the statute gives a surviving spouse and a decedent’s surviving children the right to file a wrongful death lawsuit. If a decedent did not leave a spouse or children, the right to file the lawsuit falls to the decedent’s surviving parent(s). If a decedent leaves no surviving spouse, children, or parents, their surviving siblings may file a wrongful death lawsuit. Finally, if the decedent left no surviving spouse, children, parents, or siblings, then their surviving grandparents may bring a wrongful death lawsuit.

The statute treats biological and adoptive children, parents, siblings, and grandparents equally. The statute also includes a child or sibling given in adoption. However, if a surviving parent abandoned the decedent during the decedent’s childhood, the law treats the parent as having predeceased the decedent.

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

The Louisiana wrongful death statute of limitations gives a family one year to file a lawsuit after the death of a loved one. However, one year is a very short window for pursuing a wrongful death case. You can best protect your family’s rights and interests by talking to a wrongful death lawyer in Lafayette as soon as possible after a loved one’s passing to get help preparing and filing your family’s claims on time.

What Are the Common Wrongful Death Cases?

A wrongful death law firm can help you pursue a legal claim after you’ve lost a loved one due to the negligence or recklessness of others in accidents or incidents such as:

Contact a Lafayette Wrongful Death Lawyer Today

When your family has lost a loved one due to the wrongful acts or fault of another party, you deserve the opportunity to demand accountability and justice from those responsible. Attorney Thibeaux, an experienced Lafayette wrongful death lawyer, can review the facts of your loved one’s death and build a strong claim to seek the compensation your family deserves.

Contact The Thibeaux Firm today for a free, no-obligation consultation to learn more about your legal rights and options and discover how we can help you through this difficult time.