If your loved one died in an accident in Iberia Parish, you might have a case for compensation. Immediate family members may qualify to recover damages in a wrongful death case if someone negligently caused your family member’s death. A wrongful death claim might be the best way to hold those responsible for your loved one’s death legally liable.
A New Iberia wrongful death attorney from the Morris Bart law firm will review your case with you for free today. Our team of wrongful death lawyers can explain your legal options based on the strength of your claim against the liable party. We help families get justice for wrongful deaths in Louisiana and throughout the Gulf South.
Damages Recoverable in a Wrongful Death Claim in New Iberia
When we represent a surviving spouse, child, or parent and file a wrongful death claim or lawsuit, we seek to compensate them for the financial expenses, economic losses, and intangible damages they experienced because of their loved one’s death.
In general, surviving family members can file this type of claim if the decedent would have had a valid personal injury case had they survived their injuries. However, when the family pursues damages after their death, the recoverable expenses and losses are different. They could include:
- Medical bills incurred after the accident
- Funeral and burial or cremation costs
- Lost wages, other income, and benefits
- Loss of services previously performed by the decedent
- The psychological damage suffered by surviving family members
For a free legal consultation with a Wrongful Death lawyer serving New Iberia, call (337) 446-4571
Morris Bart, LLC Handles Wrongful Death Cases for Families in Iberia Parish
The Morris Bart law firm knows it is not easy to pursue a legal case while still grieving your loved one’s death. We offer our sincerest condolences during this difficult time in your family’s life. We want to take on the burden of managing all aspects of your case, putting our knowledge, experience, and resources to work for your family while you focus on healing from the raw emotional pain. You can count on us to:
- Handle all communication with the liable party, insurers, and other attorneys
- Protect your right to fair compensation
- Investigate what happened and determine responsibility
- Place an accurate value on the case
- Prepare and file the insurance claim
- Negotiate with the insurance company
- Fight for your best interests
If we cannot settle with the insurance company, we may need to sue the liable party and take the case to trial. In 2019, we recovered settlements and awards for 6,500 clients across our 15 locations.
We serve New Iberia from our Lafayette office but will meet with you in Iberia Parish or nearby areas. Our team serves clients based on contingency fees. We do not ask anyone to pay upfront fees. You only get billed for attorney’s fees if we recover compensation in your case.
How Louisiana’s Wrongful Death Laws Work
La. Civ. Code Art. 2315.2 allows survivors of personal injury accident victims to pursue wrongful death claims when their loved ones succumb to their injuries. Almost any type of negligence accident could support a wrongful death claim. Some of the most common causes of death in cases we handle include:
- Traffic accidents
- Commercial vehicle collisions
- Boating accidents
- Slips, trips, and falls from a height
- Drownings and other swimming pool accidents
- Dog bites
- Defective products
- Dangerous drugs
- Medical malpractice
Louisiana law also limits who qualifies to pursue damages in a wrongful death case in Iberia Parish. As a result, only these immediate family members can hold the negligent party accountable in most cases:
- A surviving spouse and their children
- The surviving parents of the victim, or either parent individually
- A sibling or group of siblings
- Surviving grandparent(s)
What Elements Must We Prove to Recover for Wrongful Death?
Our attorneys pursue compensation for immediate family members, developing their wrongful death claims and taking the necessary steps to support them. To secure financial recovery in these cases, we must prove:
- What happened
- Who is liable based on the state’s negligence law
- The damages suffered
- The fair settlement value of the case
As part of proving the claim, we need to document the four elements of negligence. Proving negligence is essential for winning compensation in any wrongful death case. The four elements of negligence include:
- Breach of duty
For example, in a rear-end car accident case, the at-fault driver had a duty to stop when the traffic in front of them did at a red light. However, if they were distracted and failed to do so, this is a breach of duty. Not stopping despite the traffic light and stopped cars in front of them caused the collision. The occupants of the vehicle they hit suffered damages, with one sustaining injuries of such severity that they died from them.
We could use the police report, witness statements, medical records, funeral home bills, pay stubs, and other evidence to prove this case and recover a fair award for our client.
Deadlines in a New Iberia Wrongful Death Case
We often settle wrongful death cases without suing or going to trial. Instead, we negotiate a fair payout for our clients with the insurance company. This process allows us to recover compensation and avoid the extra time, stress, and expense of a lawsuit. However, in some cases, a civil suit is necessary.
When we need to sue in a wrongful death case, the statute of limitations is generally one year under La. Civ. Code Art. 2315.2(B). However, exceptions could alter this deadline.
In a personal injury case, the countdown to the deadline begins the date of the injury. With wrongful death, though, the one-year period starts on the date of your loved one’s death.
Morris Bart, LLC, Offers Complimentary Consultations for Families
You can talk to a lawyer from the Morris Bart law firm for free today. We provide free consultations for families who lost a loved one because of someone else’s carelessness or recklessness. Let our attorneys assess your rights and options based on the details of what happened to your family member and Louisiana’s wrongful death laws.
Call our Lafayette office today at (337) 446-4571 to discuss how we may help with one of our attorneys.
Questions?Call (337) 446-4571
to find a Morris Bart office near you.