Wrongful Death

Losing a family member to sudden traumatic injury is devastating.

In the moment, it’s almost impossible to think beyond the immediate grief. Nothing can replace a loved one. And life will never be the same. But the fact is that without experienced legal help, the financial consequences can add to the agony, punishing a victim’s family for years to come. Too often, a family never recovers the financial stability enjoyed before the tragedy.

When the tragedy is the fault of another person or business, liability may fall on an insurance company. These companies move quickly to protect their rights, and may quickly reach out to a victim’s family with an offer to help. Often they will offer a quick settlement, perhaps even for the limits of a policy, telling a victim’s family that is all the money available.

At Brandt & Sherman, we believe a family dealing with the tragic death of a loved one deserves to be treated fairly. We urge you not to sign anything until at least consulting experienced legal help. Doing so can significantly reduce or eliminate your ability to collect all of the damages to which you are entitled. Frequently, victims are a family's primary wage earner, and not seeking to maximize a claim and protect your rights can have serious and lasting financial consequences.

Our wrongful death attorneys in Lafayette offer free and confidential consultations to discuss your rights and accept cases on a contingency fee basis, which means you pay nothing up front; we are paid based on a percentage of the recovery we make on your behalf.

Wrongful Death Claims

In most cases, an accident for which a victim could pursue a personal injury claim had he or she survived, can be pursued as a wrongful death claim by surviving family members. Common wrongful death claims in Louisiana result from:

• Car Accidents
• Motorcycle Accidents
• Pedestrian Accidents
• Premises Liability/Property Injuries
• Firearm Discharge
• Swimming Pool Accidents
• School Accidents
• Hotel and Resort Accidents
• Falls
• Work Accidents
• Medical Errors
• Medical Malpractice
• Misdiagnosis
• Failure to Diagnose
• Nursing Home Neglect or Abuse

Under Louisiana Civil Code CC 2315.2, wrongful death claims may be brought by:

• The surviving spouse and child or children of the deceased, or either the spouse or the child or children.
• The surviving father and mother of the deceased, or either of them if he left no spouse or child surviving.
• The surviving brothers and sisters of the deceased, or any of them, if he left no spouse, child, or parent surviving.
• The surviving grandfathers and grandmothers of the deceased, or any of them, if he left no spouse, child, parent, or sibling surviving.

Damages in a wrongful death claim are meant to compensate surviving family members for a person’s death and may include both economic and non-economic damages, including:

Funeral and burial expenses

• Medical bills
• Lost earnings and benefits
• Burial expenses
• Loss to the household in services
• Survivors’ guilt and anguish
• Lost of care, companionship, guidance and emotional support

However, the statute of limitations gives families just one year to file a claim. This is not a lot of time, considering the complexities of determining all of the damages to which a family is entitled. Early consultation with an experienced Lafayette wrongful death law firm is essential.

The experienced injury lawyers and wrongful death attorneys at Brandt & Sherman represent clients and families throughout the Acadiana region, including the parishes of Lafayette, Saint Martin, Acadia, Iberia, St. Landry, St Mary and Vermilion, and the communities of Abbeville, Carencro, New Iberia, Crowley, Opelousas, Eunice, Jennings, Baton Rouge, Baker, Merrydale, Zachary, Scott, Broussard, Milton, Morgan City, Shenandoah, Denham Springs, Lake Charles, Youngsville and Thibodaux.

Contact a Lafayette Wrongful Death Lawyer at Brandt & Sherman today for a free and confidential consultation to discuss your rights. Call (337) 800-4000.