The death of a loved one is always an emotionally overwhelming experience. But knowing that death was preventable makes it even more challenging. If someone else’s careless, reckless, or negligent actions caused your family member’s injuries and death, you might be able to recover compensation.
A wrongful death lawyer in Lafayette from the Morris Bart law firm can help. Our team will review your legal options today for free during a complimentary consultation. We can also answer your questions and help you understand your rights.
What Qualifies as Wrongful Death?
Under Louisiana law, you may file a suit if a close family member dies due to the negligence or misconduct of another person. Even if a crime took place, a wrongful death lawsuit is a civil legal matter, and the at-fault party does not have to be convicted of a crime for your case to be successful.
Several circumstances may result in a wrongful death lawsuit, such as:
- Motor vehicle accidents
- Bicycle accidents
- Pedestrian accidents
- Drowning or boating accidents
- Premise liability accidents
- Medical malpractice
- Accidental poisoning
- Workplace accidents
Even if you do not see your loved one’s particular situation listed here, you may still have a case. The wrongful death lawyers in Lafayette from Morris Bart, LLC can determine if you have grounds for a lawsuit.
For a free legal consultation with a Wrongful Death lawyer serving Lafayette, call (337) 446-4571
How Much Can You Sue for Wrongful Death?
We know that no amount of money can make up for a death in the family. Suing for wrongful death may save you from further hardship. On average, wrongful death lawsuits typically settle for about $500,000. The settlement you can expect for your case will depend on the losses suffered because of your loved one’s wrongful death.
Recoverable Compensation after a Wrongful Death
Our wrongful death attorneys in Lafayette prepare and file claims and lawsuits based on our clients’ available damages from a loved one’s wrongful death. When our lawyers pursue these payouts, they seek compensation based on expenses and losses that include:
- Funeral and burial expenses
- Outstanding medical bills
- Lost wages for the period between injury and death
- Loss of benefits previously provided by the deceased
- Vehicle repair or replacement
- Damage to other property
- Pain and suffering
- Intangible losses, such as loss of companionship or parental guidance
We help our clients identify the losses they experienced and document them during our investigation into the accident. This information serves as support for their claim or evidence at a civil trial.
How a Wrongful Death Attorney Can Help You With Your Case
Working with a lawyer will benefit your case immensely. A wrongful death attorney can investigate the events surrounding your loved one’s death and identify who is liable. Additionally, your lawyer can:
- Stay on top of legal deadlines that apply to your case
- Explain your rights and options for financial recovery
- Provide legal expertise about relevant laws
- Handle all communications with insurance
- Negotiate for a settlement that will meet your needs
- Represent you in court if your case goes to trial
When you team up with a lawyer, you have a legal expert with your best interests in mind.
Laws Regarding Wrongful Death in Lafayette
Our team is familiar with the laws that provide a path for financial recovery after losing a loved one in an accident. If you can prove that your family member died because of another person’s carelessness or other negligence, you may be eligible to:
- Seek wrongful death damages under Civ. Code Art. 2315.2
- File a claim or suit to recover your loved one’s personal injury damages through a survival action under Civ. Code Art. 2315.1
The Lafayette wrongful death attorneys from the Morris Bart law office who manage these cases know how to prove negligence and fault, gather evidence to support your claim, and seek compensation on your behalf.
Who Can File a Wrongful Death Claim in Louisiana?
Not all family members qualify to file lawsuits under these statutes. Only the closest surviving family can take legal action. Our team will determine if we believe you can move forward with your case or help you identify the family members who can during your complimentary consultation.
Family members who could qualify for a payout based on their loved one’s death include:
- A surviving spouse
- Children, regardless of their age
- Grandparents, if there is no spouse, child, parent, or sibling
Even if you do not qualify as a close family member, you may still take part in a civil suit. Once one family member files a claim, additional family members may join the lawsuit.
How Soon do You Need to File a Wrongful Death Claim?
There are legal deadlines you will need to meet to protect your right to take the at-fault party to trial. The court will likely bar your legal action and prevent your lawsuit from moving forward if you do not meet the applicable filing deadline in your case.
Generally, negligence injury suits have a one-year deadline under La. Civ. Code Art. 3492. This same one-year deadline applies to:
- Wrongful deaths actions per La. Civ. Code Art. 2315.2
- Survival actions under La. Civ. Code Art. 2315.1
There could be exceptions to the timeline in your case. Certain circumstances can alter the deadlines in these cases, so it is important to act quickly. We can discuss your rights and how to protect them during your free case consultation.
Morris Bart, LLC Is a Firm You Can Count on
When you enlist the help of our law firm in a Lafayette wrongful death action, you are getting the experience and knowledge gained over more than 40 years of handling these cases in Louisiana. Further, you don’t have to pay anything out of pocket for our services. You only pay us when we win the case.
Our team of lawyers knows how to investigate, build, present, and argue these cases, whether through an insurance claim and out-of-court settlement or a trial in civil court. We won 6,500 cases in 2019, recovering thousands of dollars for our clients. Our law office:
- Has hundreds of positive reviews from former clients
- Manages cases like yours every day
Our team protects our clients’ rights while representing their interests. Our goal is to present a strong case and recover fair and just compensation based on the accident, injuries, and losses. We pursue this compensation through negotiated insurance settlements or court verdicts and awards issued after trial.
Speak With a Lafayette Wrongful Death Attorney
The Lafayette wrongful death attorneys from Morris Bart, LLC are here to help you through this time. Our sympathetic attorneys can address your concerns and provide you with legal guidance. We have been helping families in difficult situations for over 40 years.
Call us 24/7, day or night and we can get started on your case. We offer free, no-obligation consultations. Discuss your case with us today.
Questions?Call (337) 446-4571
to find a Morris Bart office near you.