Did you lose a loved one because of someone else’s negligence or wrongdoing in Lafayette, LA? If so, you may be entitled to compensation by filing a wrongful death claim. Nothing can replace your family member, but a financial recovery can cover costs like medical bills, funeral expenses, and lost income. It might also offer some measure of justice and help ensure you can move forward as best as possible.
Mansfield Melancon Car Accident and Personal Injury Lawyers brings 50 years of combined experience to each case. Over time, we’ve secured tens of millions of dollars for our clients. We’re committed to helping families pursue the support and closure they need after suffering a devastating loss.
Reach out at (337) 473-2991 if you have questions or want an attorney to review your situation. Our Lafayette wrongful death lawyers offer a free consultation with no obligations.
How Mansfield Melancon Car Accident and Personal Injury Lawyers Can Help With Your Family’s Wrongful Death Claim in Lafayette, LA
Losing a close relative is one of the most painful experiences imaginable. When the death could have been prevented — caused by a person’s or company’s negligence — the aftermath can feel especially overwhelming. The law states you deserve the full compensation allowed under Louisiana statutes. However, pursuing a wrongful death claim can be complex, especially when you’re grieving.
At Mansfield Melancon Car Accident and Personal Injury Lawyers, our team understands local laws, court procedures, and how insurance companies operate. Our Lafayette personal injury attorneys will do everything we can to help you secure the maximum compensation you deserve. When you hire us for your wrongful death claim in Lafayette, we can:
- Investigate the accident
- Calculate all available damages
- Collect evidence
- Identify who is liable
- Negotiate with insurers
- File a lawsuit if necessary
Contact our personal injury law firm in Lafayette, Louisiana, today if you’re ready to start. During your free case review, we can inform you of your legal rights and the next steps.
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. Essentially, if your relative would have been able to file a personal injury lawsuit had they survived, you can usually bring a wrongful death claim on their behalf.
To succeed, you generally need to prove:
- Duty of Care: The defendant owed a duty to act or not act in a certain way (like driving carefully, maintaining safe premises, or manufacturing safe products).
- Breach of Duty: The defendant failed to meet that standard.
- Causation: That failure caused or significantly contributed to your loved one’s death.
- Damages: You and your family suffered real financial, emotional, or both harm due to the loss.
Wrongful death suits happen in civil court. They differ from criminal homicide cases, which seek to punish the defendant. 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 than in criminal court.
Who Can File a Wrongful Death Lawsuit in Louisiana?
Louisiana law lets only certain relatives bring a wrongful death claim. The rules prioritize a short list of eligible individuals in this order:
- The victim’s surviving spouse or children
- If there’s no spouse or children, the victim’s surviving parents
- If there’s no spouse, children, or parents, the victim’s siblings
- If none of the above survive, the victim’s grandparents
Our wrongful death lawyers in Lafayette can confirm if you have standing to file.
How Much Is My Lafayette Wrongful Death Claim Worth?
Valuing human life in dollars can feel uncomfortable, but that’s what a civil court is structured to do. The damages you seek aim to ease the financial and emotional strain caused by your loved one’s death. Courts or insurers often consider factors like:
- Age and health of the deceased
- Their education, skills, and income
- Any partial fault by the deceased
- The emotional support they provided
- Loss of companionship
- Medical or funeral costs
Wrongful death claims can reach significant sums, especially if the victim was a primary breadwinner or had young children. That said, each case is unique. Some claims might resolve for tens of thousands, while others can surpass six or seven figures.
Getting experienced legal guidance is critical for accurately valuing your case. If you underestimate your damages, you risk settling for less than you’ll truly need in the long term. We will meticulously calculate every aspect of your claim, from lost financial support to each family member’s suffering.
Damages Available in a Louisiana Wrongful Death Case
Louisiana law distinguishes between two main categories in a wrongful death lawsuit:
- Damages for Family Members: This includes emotional distress, loss of companionship, and certain financial losses. For instance, if the deceased contributed significant income to the household, you can seek compensation for the lost wages and benefits.
- Survival Action: This is slightly different but often combined with a wrongful death claim. A survival action allows the estate to collect damages the deceased could have pursued if they had lived — like medical bills, lost wages from the time of injury to death, and pain the person suffered before dying.
Essentially, a survival action focuses on what the deceased person endured. Wrongful death focuses on what the surviving relatives have lost. Combining both can increase the total compensation. A court can award monetary amounts for:
- Medical expenses from the deceased’s final days or weeks
- Funeral and burial costs
- Loss of financial support the person would have provided
- Loss of guidance or nurture for surviving children
- Pain and suffering endured by the victim before passing
- Emotional anguish endured by relatives left behind
Additionally, punitive damages might be possible if the defendant’s actions were extremely reckless or intentional. However, punitive damages are not automatically included in every case and typically require explicit grounds, such as DUI.
Comparative Fault in Louisiana Wrongful Death Claims
Sometimes, defendants argue that the deceased person was partly responsible for their own fatal accident. Louisiana follows a pure comparative fault system. That means if a court decides your loved one was partially at fault, any compensation might be reduced in proportion to their share of blame. For instance, if the court finds the deceased 30% responsible, your final damages award would be reduced by 30%.
However, the fact that your loved one shares some fault doesn’t necessarily bar you from recovering compensation. Our attorneys can work to minimize or refute allegations of comparative fault, helping preserve the full value of your claim.
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. This is a very short timeline compared to other states. Failing to file before that one-year mark usually means the court will dismiss your case entirely, and you lose your chance at compensation.
Some limited exceptions may extend or shorten that period, such as if a government entity is involved or if the victim was a minor. But these are unusual. Because the standard deadline is so strict, contacting an attorney as soon as possible can protect your case. Delays can also lead to lost evidence or fading witness memories.
What Does It Cost To Hire a Wrongful Death Lawyer in Lafayette?
After losing a loved one, finances are often a major concern. At Mansfield Melancon Car Accident and Personal Injury Lawyers, we handle wrongful death claims on a contingency fee basis. That means:
- You don’t have to pay any upfront or hourly fees.
- You pay attorney’s fees only if we recover compensation.
- Attorney’s fees are a percentage of the final settlement or court award.
This fee model ensures you have access to quality legal counsel, no matter your financial situation. We only get paid when we win money for your family, so you can rest assured we’ll fight vigorously for the best possible outcome.
Contact Our Lafayette Wrongful Death Attorneys for a Free Case Review
Nothing can fully replace a treasured family member. But if their death was preventable, a wrongful death lawsuit can provide financial relief and some sense of accountability for those at fault. With 50 years of combined experience, Mansfield Melancon Car Accident and Personal Injury Lawyers has seen how devastating these tragedies can be.
Our Lafayette wrongful death attorneys have also proven our ability to secure tens of millions of dollars for victims and their families since our founding. Contact our Lafayette office today to schedule a free consultation. During our discussion, we can listen to your story, assess your case’s strengths, and outline the next steps.
