Legal Question in Employment Law in Louisiana

Re: Accidental death insurance

Dear LawGuru Friend,

So sorry about your son! The loss of a child must certinly be so horrible! I have a son on the ground in Baghdad, Iraq, at this very moment, and I surely worry about him. Furhter, your question is full of possibilities. A lawyer would need to know a lot more information to give you a definitive answer to your question or questions. Lawyers are allowed to charge contingent fees, but they certainly should have had the client sign a contract providing for a contingent fee; and even if they make a recovery, they still have to show that they have earned the contingent fee; i.e., that it is reasonable for the work done in making the recovery. Generally, a claim against an accidental death insurance policy is not handled on a contingency. Now if the lawyer had to sue the accidental death insurer, then that is something to be considered. And I question why the lawyer held or still holds the money. What is your gripe, that the lawyer charged too much for doing what he did to collect the accidental death benefit? If so, "that depends," as the old saying goes. Whatever happened to any wrongful death action (law suit for wrongful death) against the New Orleans Police officer, his insurer and/or the City of New Orleans? Finally, as to the suit against your son's insurance company, about the best thing you can do is just let the insurance company's lawyers handle it. That is why people buy insurance, to pay not only for damages, but for the defense of a civil action.

There is more to it all than this, but this is something to think about.

Sincerely,

Hardy Parkerson, Atty.

Lake Charles, LA