Lafayette Wrongful Death Lawyer
Did you lose a loved one because of someone else’s negligence or wrongdoing in Lafayette, LA? Mansfield Melancon Injury Lawyers brings 50 years of combined experience to each case. Reach out at (337) 473-2991 for a free consultation.
How Mansfield Melancon Injury Lawyers Can Help With Your Family’s Wrongful Death Claim in Lafayette, LA
When you hire us for your wrongful death claim in Lafayette, we can:
- Investigate the accident and collect evidence
- Calculate all available damages
- Identify who is liable
- Negotiate with insurers
- File a lawsuit if necessary
What Is Wrongful Death Under Louisiana Law?
Louisiana defines “wrongful death” as a situation where someone’s death results from another party’s fault — such as carelessness, a wrongful act, or a defective product. To succeed, you generally need to prove duty of care, breach of duty, causation, and damages.
Wrongful death suits happen in civil court. Even if a defendant is facing criminal charges, you can still file a civil lawsuit because the burden of proof is lower in civil court.
Who Can File a Wrongful Death Lawsuit in Louisiana?
Louisiana law lets only certain relatives bring a wrongful death claim, prioritized in this order: the victim’s surviving spouse or children; if none, surviving parents; if none, siblings; if none, grandparents.
How Much Is My Lafayette Wrongful Death Claim Worth?
Courts or insurers consider factors like age and health of the deceased, their education and income, any partial fault by the deceased, emotional support they provided, loss of companionship, and medical or funeral costs. Wrongful death claims can range from tens of thousands to six or seven figures.
Damages Available in a Louisiana Wrongful Death Case
Louisiana law distinguishes between two main categories:
- Damages for Family Members: Emotional distress, loss of companionship, and financial losses such as lost wages and benefits.
- Survival Action: Allows the estate to collect damages the deceased could have pursued if they had lived — medical bills, lost wages from time of injury to death, and pain the person suffered before dying.
A court can award compensation for medical expenses from the deceased’s final days, funeral and burial costs, loss of financial support, loss of guidance for surviving children, pain and suffering endured by the victim, and emotional anguish endured by relatives.
Comparative Fault in Louisiana Wrongful Death Claims
Louisiana follows a pure comparative fault system. If a court decides your loved one was partially at fault, any compensation might be reduced in proportion to their share of blame. However, the fact that your loved one shares some fault doesn’t bar you from recovering compensation.
How Much Time Do I Have To File a Wrongful Death Lawsuit in Louisiana?
In Louisiana, the statute of limitations for most wrongful death cases is one year from the date of your loved one’s death. Failing to file before that one-year mark usually means the court will dismiss your case entirely. Contact an attorney as soon as possible to protect your case.
What Does It Cost To Hire a Wrongful Death Lawyer in Lafayette?
At Mansfield Melancon Injury Lawyers, we handle wrongful death claims on a contingency fee basis. You don’t pay any upfront or hourly fees. You pay attorney’s fees only if we recover compensation — as a percentage of the final settlement or court award.
Contact Our Lafayette Wrongful Death Attorneys for a Free Case Review
With 50 years of combined experience, Mansfield Melancon Injury Lawyers has secured tens of millions of dollars for victims and their families. Contact our Lafayette office today to schedule a free consultation.
