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Wrongful death in Lafayette, Louisiana refers to a civil claim that eligible family members can bring when a person dies because of another party's fault, negligence, or wrongful act. These cases arise from incidents like car and truck crashes, medical malpractice, dangerous property conditions, defective products, workplace and industrial accidents, maritime and oilfield incidents, and criminal conduct. A wrongful death claim is about the losses suffered by the survivors, while a related survival action seeks damages for harms the decedent suffered between injury and death. Both claims are governed by Louisiana law and are typically filed in Lafayette Parish within specific deadlines.
Wrongful death cases are complex, high stakes, and time sensitive. A lawyer can help you determine who can legally file in your family and whether both a wrongful death claim and a survival action are available. They can identify all responsible parties, which might include drivers, employers, property owners, product manufacturers, healthcare providers, or government entities. In Lafayette, cases often involve layered insurance coverage and specialized rules for medical malpractice, maritime, and workplace fatalities. An attorney will preserve critical evidence, work with experts in accident reconstruction and medicine, calculate full damages, and handle negotiations with insurers who aim to minimize payouts.
A lawyer is especially important if the case involves medical malpractice, where Louisiana requires a medical review panel before suit, or workplace deaths, where workers' compensation rules may limit claims against employers but allow third party suits. Legal counsel also helps protect your rights under Louisiana's one year filing periods, manage probate and succession issues, address Medicare and health insurer liens, and guide families of minors through court approval for settlements.
Who can file: Louisiana Civil Code sets a strict order of who may bring wrongful death and survival claims. The right belongs, in order, to the decedent's surviving spouse and children together. If none, the parents. If none, the siblings. If none, the grandparents. If none of these exist, the right belongs to the decedent's succession. Adopted children and parents are treated the same as biological relations. Louisiana does not recognize common law marriage, so eligibility depends on legal relationships.
Two companion claims: A wrongful death claim seeks the family's losses from the death itself, such as loss of love and companionship, loss of support and services, funeral expenses, and survivors' mental anguish. A survival action seeks damages the decedent could have recovered if they had lived, such as pre-death pain and suffering, medical expenses, and lost earnings from the injury until death. The same class of beneficiaries typically brings both claims.
Filing deadlines: Most wrongful death and survival actions in Louisiana have a one year liberative prescription that generally begins on the date of death. Limited doctrines can suspend or delay prescription in exceptional circumstances, such as when the cause of death was not reasonably knowable, but you should assume the one year clock applies and act immediately.
Comparative fault: Louisiana uses pure comparative fault. A court will assign percentages of fault to all responsible parties, including the decedent if applicable, and reduce damages by the decedent's share of fault. You can still recover even if your loved one was mostly at fault, but the award is reduced accordingly.
Punitive damages: Punitive damages are generally not available in Louisiana unless a statute permits them. One notable exception applies when an intoxicated driver causes injury or death with wanton or reckless disregard. In most wrongful death cases, recovery is for compensatory damages only.
Medical malpractice specifics: Louisiana caps recoverable damages against qualified healthcare providers at 500,000 dollars plus future medical costs and requires a medical review panel before filing suit in court. This process can extend timelines but does not extend all deadlines, so early action is critical.
Workplace and industrial deaths: Workers' compensation typically provides death benefits and may limit claims against an employer. However, families can often pursue third party claims against other negligent actors, such as another driver, a contractor, or a product manufacturer. Intentional acts by employers fall outside workers' compensation exclusivity.
Government and public entities: Claims against public bodies have special rules and defenses. Punitive damages are not available against public entities, and jury trials may be limited. Deadline rules remain strict, so do not delay if a city, parish, or state agency may be involved.
Venue and courts: Most Lafayette wrongful death cases are filed in the Fifteenth Judicial District Court for Lafayette Parish, which covers incidents occurring in or defendants domiciled in the parish. Some cases may be brought in federal court, such as certain maritime or out-of-state defendant matters.
Special contexts: Maritime and offshore deaths may be governed by federal maritime law, the Jones Act, or the Death on the High Seas Act, which carry different statutes of limitations and damages rules. Louisiana also permits claims for the death of an unborn child in many circumstances, but these cases are fact specific and should be evaluated promptly.
Louisiana law gives the right to file, in order, to the decedent's surviving spouse and children together. If none, the parents. If none, the siblings. If none, the grandparents. If none of these exist, the succession. Each class excludes the next. Adopted relatives have the same rights as biological relatives. Unmarried partners who are not legal spouses generally do not have standing.
The general deadline is one year from the date of death for both wrongful death and survival claims. Limited exceptions can apply, but they are narrow. Because evidence can disappear quickly, contact an attorney as soon as possible to preserve your rights.
A wrongful death claim compensates the family for their losses from the death itself, such as loss of companionship, support, and funeral expenses. A survival action compensates for the decedent's own losses between injury and death, such as pain and suffering and medical bills. Many families bring both claims together.
Recoverable damages can include funeral and burial expenses, loss of financial support, loss of household services, loss of love and companionship, and survivors' mental anguish. In a survival action, damages can include the decedent's conscious pain and suffering, medical expenses, and lost earnings from the injury until death. In most cases punitive damages are not available.
Yes. Louisiana's pure comparative fault system reduces the award by the percentage of fault assigned to the decedent. For example, if total damages are 500,000 dollars and the decedent is 20 percent at fault, the net recovery is 400,000 dollars.
Criminal and civil cases are separate. A criminal charge or conviction is not required to bring a wrongful death claim. A conviction can help, but even if prosecutors do not file charges or there is an acquittal, you can still pursue a civil case because the burden of proof is lower in civil court.
Claims against qualified healthcare providers must first go through a medical review panel before filing in court, and total damages are generally capped at 500,000 dollars plus future medicals. The panel process and deadlines are technical, so speak with a lawyer quickly to avoid prescription problems and to obtain necessary expert support.
Workers' compensation usually provides death benefits and is the exclusive remedy against the employer for negligence. However, you can often sue third parties whose fault contributed to the death, such as equipment manufacturers, property owners, or other contractors. Intentional acts by an employer fall outside workers' compensation exclusivity.
You may have claims under uninsured or underinsured motorist coverage on the decedent's or household policies. You can also pursue other liable parties, such as a negligent employer if the driver was on the job or a bar under limited dram shop rules in specific circumstances. Prompt notice to all insurers is crucial.
Most plaintiff wrongful death lawyers work on a contingency fee, meaning you pay no fees unless there is a recovery. The fee is a percentage of the settlement or verdict plus case expenses. Reputable attorneys will explain the fee agreement in writing at the start of representation.
Lafayette Parish Clerk of Court and Fifteenth Judicial District Court Clerk - for filing records, case information, and procedural guidance.
Lafayette Parish Coroner's Office - for death certificates and investigative reports.
Louisiana State Police Troop I and Lafayette Police Department - for crash reports and incident records.
Lafayette Parish Sheriff's Office - for incident reports and assistance with records.
Louisiana Department of Health - for vital records and healthcare facility information.
Louisiana Patient's Compensation Fund - for medical malpractice claim information and panel processes.
Louisiana Supreme Court Law Library - for self-help legal research materials.
Louisiana State Bar Association - for lawyer referral and public resources.
Acadiana Legal Service Corporation - for civil legal aid in qualifying cases.
Louisiana Office of Workers' Compensation Administration - for workplace death benefit information.
Act quickly. Calendar the one year deadline from the date of death and consult an experienced Lafayette wrongful death attorney as soon as possible. Early legal help preserves evidence, protects your rights, and avoids missed deadlines.
Gather documents and information. Collect police or incident reports, medical records, photographs, videos, witness names, insurance policies, employment records, and any correspondence with insurers. Obtain certified death certificates and, if relevant, the coroner's report.
Preserve evidence. Do not repair or dispose of vehicles, equipment, or products involved until counsel advises. Ask your attorney to send spoliation letters to at-fault parties to preserve surveillance footage, vehicle data, and maintenance records.
Do not give recorded statements or sign releases without advice. Insurers may request statements or medical authorizations that can harm your claim. Refer all contacts to your attorney.
Identify the proper claimants. Your lawyer will determine who has standing to file under Louisiana's beneficiary hierarchy and whether both wrongful death and survival actions are appropriate. If minors are involved, the court may need to appoint a tutor and approve settlements.
Consider special procedures. Medical malpractice claims require a medical review panel before court filing. Workplace deaths may involve workers' compensation, third party claims, or both. Maritime or offshore cases may belong in federal court under different laws and deadlines.
Plan for estates and liens. Your attorney can coordinate with a succession lawyer if needed and address reimbursement claims by health insurers, Medicare, Medicaid, or the Patient's Compensation Fund where applicable.
Focus on your family while your lawyer builds the case. A qualified Lafayette wrongful death attorney will investigate fault, retain experts, calculate damages, negotiate with insurers, and, if necessary, present your case to a judge or jury.
This guide provides general information about wrongful death in Lafayette, Louisiana and is not legal advice. For advice about your situation, consult a licensed Louisiana attorney.
