If you have unexpectedly lost a family member due to someone else’s negligence, a Lafayette wrongful death lawyer can help you pursue justice and financial stability.
At Babcock Injury Lawyers, our Lafayette personal injury lawyers step in to manage your legal burdens while you focus on grieving and healing.
While no amount of compensation can replace your loved one, a wrongful death claim holds the reckless parties accountable and provides the resources your family needs to move forward.
Contact Babcock Injury Lawyers online, or call us directly at (225) 500-5000 for a free case review.
Who Can File a Wrongful Death Lawsuit in Louisiana?
Louisiana does not allow just any relative or dependent to file a wrongful death lawsuit. Louisiana Civil Code Article 2315.2 establishes a strict, sequential hierarchy of beneficiaries who are permitted to bring a claim. The article includes specified family relationships by adoption and children, brothers and sisters given in adoption. A parent who abandoned the deceased during childhood may be deemed not to have survived under the statutory test. Subject to those provisions, the right moves down the list only when no eligible person survives in the earlier category:
- The surviving spouse and child or children of the deceased person, or either the spouse or the child or children.
- The surviving parents, if the deceased left behind no spouse or children.
- The surviving siblings, if there are no surviving spouses, children, or parents.
- The surviving grandparents, if no spouse, child, parent, or sibling survives.
What is a Wrongful Death Claim?
In Louisiana, a wrongful death claim is a civil action brought by the surviving family members of a deceased individual against the party whose fault caused the death.
Unlike a criminal case, which focuses on penalties like imprisonment, a wrongful death lawsuit seeks financial damages to compensate the family for the profound personal and financial losses caused by the tragic passing.
Under the law, a wrongful death claim can arise from any situation where negligence, recklessness, or intentional acts result in a fatality. Examples include:
- Car Accidents
- Truck Accidents
- Motorcycle Accidents
- Bicycle Accidents
- Pedestrian Accidents
- Slip and Fall
- Catastrophic Injury
- Brain Injury
Wrongful Death vs. Survival Actions in Louisiana
When a fatal injury occurs in Louisiana, families frequently have the right to pursue two entirely separate claims that run parallel to one another. It is important to distinguish between what each action covers:
- Wrongful Death Actions (Louisiana Civil Code Article 2315.2): This claim is designed to compensate the surviving family members for the personal losses they suffer after the death of their loved one. It targets your own emotional and financial damages.
- Survival Actions (Louisiana Civil Code Article 2315.1): This claim belongs to the deceased person. It allows the family to recover damages the victim experienced prior to their passing, such as the conscious physical pain, mental suffering, and medical bills incurred from the moment of the injury until their final breath.
Recoverable Damages in a Lafayette Wrongful Death Case
The financial impacts of a sudden loss can quickly disrupt your family’s long-term stability. A successful wrongful death action aims to secure compensation for both monetary and non-monetary losses, such as:
- Lost Financial Support
- Loss of Services
- Loss of Companionship and Love
- Mental Anguish and Grief
- Funeral and Burial Expenses
Time Limits on Wrongful Death Claims
When dealing with a devastating loss, legal action is rarely the first thought on your mind. However, acting swiftly is essential to preserve your legal rights.
Under Louisiana Civil Code Article 2315.2(B), a wrongful death claim generally prescribes one year from death or two years from the day injury or damage is sustained, whichever is longer. Act 176 of 2025 introduced this longer-of rule effective August 1, 2025. Older events require review under the applicable law; do not assume the amendment revives an expired claim. Article 2315.2(F) separately provides one year from death for medical malpractice wrongful death actions. The claim type, dates and any applicable procedural rules need prompt individual review.
Missing this strict deadline generally bars your family from ever pursuing a recovery or holding the responsible party civilly liable.
Why Choose Babcock Injury Lawyers?
When you trust Babcock Injury Lawyers with your recovery, you are partnering with a trial-tested team led by founding attorney Stephen Babcock, who has been continuously recognized by Super Lawyers from 2014 through 2026.
Through our unique “Babcock Benefit” framework, we intentionally limit our caseload so our legal team can provide your family with comprehensive, one-on-one attention during this difficult time.
We prepare wrongful death claims around the evidence needed to establish responsibility and loss, whether the matter is resolved through negotiation or proceeds to trial.
Speak With A Lafayette Wrongful Death Lawyer
During this difficult time, you deserve a legal team that balances aggressive representation with genuine empathy for your family’s situation.
Let Babcock Injury Lawyers focus on holding the responsible party accountable, while you focus on healing.
Call our firm today at (225) 500-5000 or fill out our online form to schedule your free case review.
Editorial review note: On the above date, we checked the Louisiana Legislature pages and local public planning materials for the source-sensitive information used here.