If you lost a family member due to someone else’s negligence, a New Iberia wrongful death lawyer will help your family seek full compensation and protect your legal rights.
Louisiana law gives specific surviving relatives the right to file under La. C.C. Art. 2315.2. The deadline is one year from death, or two years from the day injury or damage is sustained, to file.
Our New Iberia personal injury team represents families throughout Iberia, St. Martin, and St. Mary Parishes on a contingency basis, with no attorney fee unless there is a recovery.
Contact Babcock Injury Lawyers anytime for a no-obligation case review: (225) 500-5000.
Who Can File a Wrongful Death Claim After a Fatal Accident in New Iberia, Louisiana
Louisiana Civil Code Art. 2315.2 sets a beneficiary order. The highest eligible class that survives may file.
- The surviving spouse and/or children of the deceased person.
- If there is no surviving spouse or child, the living parents.
- If no parents survive, the living brothers and sisters.
- If no siblings survive, the living grandparents.
A parent cannot file alongside surviving children. Siblings cannot file while a parent is living. Adopted relatives are included, and a parent who abandoned the deceased during their minority loses standing.
The related survival action under Art. 2315.1 covers damages the deceased could have pursued between injury and death, a distinct category filed alongside Art. 2315.2 when the facts support it.
The filing deadline for non-medical-malpractice cases from incidents on or after July 1, 2024, is the later of one year from death or two years from the original injury under Art. 2315.2(B).
Medical malpractice wrongful death claims under Art. 2315.2(F) is capped at one year from death with no alternative. This applies to deaths involving care at Iberia Medical Center’s E Main Street or North Campus locations.
What Damages Are Available to New Iberia Families in a Wrongful Death Case
Louisiana law allows the eligible family class to recover two distinct categories.
Family-loss damages under Art. 2315.2 belongs to the surviving relatives: financial support the deceased provided, loss of services and daily contributions, funeral costs, and the grief, mental anguish, and loss of companionship each eligible family member suffered.
Survival-action damages under Art. 2315.1 covers the pain and suffering the deceased experienced between injury and death, requiring a separate evidentiary record of treating notes, EMS reports, and witness accounts from that period.
Both categories require documented proof: wage records, tax returns, and the medical chronology from Iberia Medical Center or the receiving trauma facility. Under La. C.C. Art. 2323, if the deceased is found 51% or more at fault in a crash on or after January 1, 2026, recovery is barred entirely. Comparative fault is standard on US-90 commercial vehicle cases and must be answered with reconstruction evidence.
Where New Iberia Wrongful Death Cases Are Filed
Wrongful death cases in Iberia Parish can be filed in the 16th Judicial District Court, which holds original civil jurisdiction over Iberia, St. Martin, and St. Mary Parishes. The courthouse is located at 300 Iberia Street, New Iberia, LA 70560, and has eight elected judges.
Your Free New Iberia Wrongful Death Consultation
Call (225) 500-5000 available 24 hours a day, 365 days a year. Our Baton Rouge office is approximately 75 miles east of New Iberia on US-90.
On the first call, we confirm who has legal authority under Art. 2315.2, identify which deadline governs your facts, and tell you what evidence must be preserved. No attorney fee unless we recover. Terms are set in a written agreement before representation begins.
Get directions to our Baton Rouge office, 10101 Siegen Lane #3C, Baton Rouge, LA 70810.
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.