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 right to file moves down the list only if there are no surviving individuals in the preceding category:
- The surviving spouse and child or children of the deceased person.
- 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.
According to Louisiana Civil Code Article 2315.2(B), the right of action for a wrongful death claim prescribes one year from the date of the deceased person’s death, or two years from the day the initial injury was sustained, whichever window is longer.
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.
Unlike firms that rush to accept lowball insurance offers, we prepare every wrongful death claim from day one as if it is heading directly to a jury 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.
Last reviewed / Updated: June 12th, 2026
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.
Authored by: Stephen Babcock, Louisiana injury lawyer