Lafayette Wrongful Death

Losing a loved one unexpectedly is devastating, especially when the death was caused by someone else’s negligence. Wrongful death claims allow surviving family members to seek accountability and financial compensation when a fatal accident could have been prevented. While no legal action can undo the loss, Louisiana law provides a path for families to pursue justice and financial stability.

Brandt & Sherman represents families in Lafayette and throughout Louisiana who have lost a loved one due to negligence, unsafe conditions, or wrongful conduct. Our attorneys handle wrongful death cases with care, respect, and a clear focus on protecting your family’s rights.

How Wrongful Death Claims Work Under Louisiana Law

A wrongful death claim is a civil action brought by surviving family members when a person dies due to another party’s negligence or misconduct. Common causes include motor vehicle crashes, unsafe property conditions, workplace incidents, and defective products.

Unlike injury claims such as car accidents or truck accidents, wrongful death cases focus on the losses suffered by surviving family members rather than the injuries to the victim.

Who Can File a Wrongful Death Claim in Louisiana?

Louisiana law strictly defines who may bring a wrongful death claim. Eligible parties generally include:

• The surviving spouse and children
• If none, surviving parents
• If none, surviving siblings
• If none, surviving grandparents

If no qualifying family members exist, a wrongful death claim may not be available. An attorney can help determine eligibility based on your family structure.

Common Causes of Wrongful Death Cases

Wrongful death claims may arise from many types of fatal accidents, including:

• Motor vehicle crashes
• Commercial and workplace accidents
• Dangerous property conditions
• Defective or dangerous products
• Fires, explosions, or unsafe equipment

Some wrongful death cases stem from extreme trauma, including fatal burns or other injuries similar to those seen in serious burn injury cases.

Who May Be Held Liable for a Wrongful Death?

Liability depends on how the fatal incident occurred. Potentially responsible parties may include:

• Negligent drivers
• Employers or contractors
• Property owners or managers
• Product manufacturers

Wrongful death claims often overlap with negligence theories seen in premises liability cases or other serious injury matters where safety failures play a central role.

Compensation Available in a Louisiana Wrongful Death Claim

Families may be entitled to compensation for both financial and non-economic losses, including:

• Funeral and burial expenses
• Loss of financial support
• Loss of companionship, care, and guidance
• Emotional pain and suffering

When a loved one’s death follows severe trauma before passing, damages may also reflect the seriousness of the injuries, including circumstances similar to catastrophic injury cases.

Deadlines to File a Wrongful Death Claim in Louisiana

Louisiana has one of the shortest filing deadlines in the country for wrongful death claims. In most cases, families have one year from the date of death to file a claim. Missing this deadline can permanently bar recovery.

Because evidence can disappear quickly, early legal guidance is especially important in wrongful death cases.

Defenses Commonly Raised in Wrongful Death Cases

Insurance companies and defendants often attempt to avoid responsibility by arguing:

• The deceased was partially or fully at fault
• The death was caused by a medical condition
• Another party was responsible
• Damages are overstated

These defenses are common in disputed cases, including fatal motorcycle accidents, and must be carefully challenged to protect surviving family members.