What Is a Wrongful Death Claim in Louisiana?

A wrongful death occurs when a person dies as a result of another party’s negligent, reckless, or intentional conduct. Louisiana law allows certain surviving family members to pursue a wrongful death claim to recover damages for both financial losses and the emotional impact of their loss. Wrongful death claims commonly arise from:

  • Motor vehicle accidents
  • Truck and commercial vehicle crashes
  • Motorcycle accidents
  • Workplace and industrial accidents
  • Medical malpractice
  • Defective products
  • Dangerous property conditions
  • Acts of violence or extreme negligence

These claims are civil actions, separate from any criminal proceedings that may occur.

woman hugging eachother

Who Can File a Wrongful Death Claim in New Iberia?

Louisiana law strictly defines who may bring a wrongful death claim. Typically, eligible parties include:

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

If you are unsure whether you qualify, a wrongful death attorney can review your situation and explain your rights.

Talk to a Louisiana Local Attorney Today

Get a Free Case Evaluation

Compensation Available in a New Iberia Wrongful Death Case

While no amount of money can replace a loved one, wrongful death compensation is intended to ease the financial burden and acknowledge the profound loss suffered by surviving family members. Damages may include:

  • Funeral and burial expenses
  • Medical expenses related to the final injury or illness
  • Loss of the deceased’s income and financial support
  • Loss of household services
  • Loss of companionship, love, and guidance
  • Emotional pain and suffering of surviving family members


Each case is unique, and compensation depends on factors such as the deceased’s age, income, family role, and the circumstances of the death.

branded accent

Common Causes of Wrongful Death in New Iberia

Wrongful death claims in New Iberia often stem from preventable incidents, including:

  • Drunk or distracted driving crashes
  • Commercial trucking accidents on Highway 90 and nearby corridors
  • Dangerous worksite conditions
  • Medical errors or delayed treatment
  • Unsafe products or machinery
  • Negligent property maintenance

Our firm conducts thorough investigations to determine exactly what happened and who should be held accountable.

How a New Iberia Wrongful Death Lawyer Can Help Your Family

Wrongful death cases are emotionally complex and legally demanding. When you work with Laborde Earles Injury Lawyers, we can:

  • Investigate the circumstances surrounding your loved one’s death
  • Preserve evidence and consult expert witnesses
  • Identify all responsible parties
  • Handle communication with insurers and defense attorneys
  • Calculate the full value of your family’s losses
  • Negotiate for a fair settlement or prepare the case for trial

We handle the legal burden so your family can focus on healing.

branded accent

Time Limits for Filing a Wrongful Death Claim in Louisiana

Louisiana has one of the shortest deadlines in the country for wrongful death claims. In most cases, families have one year from the date of death to file a lawsuit. Missing this deadline can permanently prevent recovery.
Because evidence can disappear and memories fade, it is critical to speak with a wrongful death lawyer as soon as possible.

Wrongful Death vs. Survival Action

In Louisiana, a wrongful death claim is different from a survival action:

  • Wrongful death claims compensate surviving family members for their losses
  • Survival actions seek damages the deceased could have pursued if they had survived, such as pain and suffering before death

In many cases, both claims may be filed together.

Client Testimonials Hear from locals like you.

Each time I interact with a member of the Laborde Earls team I am always extremely satisfied with the service provided. I had the pleasure of speaking...

Each time I interact with a member of the Laborde Earls team I am always extremely satisfied with the service provided. I had the pleasure of speaking with Mrs. Marsh today. She was extremely knowledgeable in addition to being patient and empathetic. She was able to provide me with the necessary resources and provided me with encouragement throughout the process. I definitely recommend Laborde Earls! Ask for Courtney!

M
Megan C.

I highly recommend Derek Hebert to anyone in need of a skilled and trustworthy attorney. From the very beginning, Derek was professional, honest, and ...

I highly recommend Derek Hebert to anyone in need of a skilled and trustworthy attorney. From the very beginning, Derek was professional, honest, and incredibly responsive. He took the time to explain every step of the process in clear terms and always made sure I felt informed and supported.

His attention to detail, strong communication, and genuine dedication made a stressful situation much easier to navigate. Derek went above and beyond to achieve the best possible outcome, and I’m truly grateful for his hard work.

If you’re looking for an attorney who is knowledgeable, reliable, and truly cares about his clients, Derek Hebert is an outstanding choice.

B
Brylan Cormier

Lafayette

Working with Laborde Earles Injury Lawyers was an incredible experience from beginning to end. Jeanne and Kaitlyn were absolutely amazing - profession...

Working with Laborde Earles Injury Lawyers was an incredible experience from beginning to end. Jeanne and Kaitlyn were absolutely amazing - professional and always on top of everything. They kept me informed throughout the entire process and made sure I understood every step along the way. My case was resolved better than expected. I can’t thank them enough.

M
Melody Johnson

New Orleans

Michelle Brouillette is a wonderful addition to the Laborde Earles team.

M
Melanie B.

Mr. DC and Amber have always been available to answer my questions and concerns. I have never doubted that they were working on our side and have had ...

Mr. DC and Amber have always been available to answer my questions and concerns. I have never doubted that they were working on our side and have had our best interest and our well being as a priority. I would recommend them to friends and family. My case had some extenuating circumstances and they both worked diligently to help us. I am very thankful for their service and dedication to us.

M
Michel Lanclos

New Orleans

Toni is an absolute professional. She consistently goes above and beyond for her clients, ensuring every detail is handled with care and precision. He...

Toni is an absolute professional. She consistently goes above and beyond for her clients, ensuring every detail is handled with care and precision. Her communication is clear, and she truly cares about delivering results. I couldn’t recommend her more highly!

M
Mimi

Lake Charles

Elizabeth Lachney was super helpful in explaining a lot of things i didnt understand about my case. Very respectful and seemed so welling to help me! ...

Elizabeth Lachney was super helpful in explaining a lot of things i didnt understand about my case. Very respectful and seemed so welling to help me! She is the best, I 1000% recommend her if you have any questions!

s
skylar bachman

New Iberia

Renee McCaslin goes above and beyond to help the clients. Her attention to detail is unmatched! Her kind heart and sweet spirit both go a long way in ...

Renee McCaslin goes above and beyond to help the clients. Her attention to detail is unmatched! Her kind heart and sweet spirit both go a long way in making you feel heard and cared for. And, she’s, like, really pretty!

S
Sylvia Roy

New Iberia

I am very impressed with Jillie Boone’s professionalism and dedication. She demonstrates excellent communication skills, strong attention to det...

I am very impressed with Jillie Boone’s professionalism and dedication. She demonstrates excellent communication skills, strong attention to detail, and a high level of reliability. Jillie consistently goes above and beyond to ensure that everything is handled efficiently and with care. Her knowledge and work ethic make her an outstanding professional, and I would highly recommend her!

j
jazlynn meece

Baton Rouge

Over 1,700 5-Star Reviews

Read More Testimonials

Why Families in New Iberia Trust Laborde Earles Injury Lawyers

Families turn to our firm because we offer:

  • Decades of experience handling complex injury and wrongful death cases
  • A compassionate, client-focused approach
  • Trial-ready preparation and strong negotiation skills
  • No upfront fees—you pay nothing unless we recover compensation
  • A proven record of results across Louisiana

We believe accountability matters, especially when a life has been taken too soon.

Speak With a New Iberia Wrongful Death Lawyer Today

If you lost a loved one due to negligence in New Iberia or anywhere in Iberia Parish, you do not have to face this process alone. A New Iberia wrongful death lawyer at Laborde Earles Injury Lawyers is ready to listen, answer your questions, and help you understand your legal options. Contact us today for a free, confidential consultation. We are here to support your family and pursue the justice your loved one deserves.

View More Articles Trusted Voices Sharing What Matters

closeup of a car with a crashed hood

Blog Louisiana’s New Comparative Fault Law (2026): What the 51% Rule Means for Your Compensation

If you were injured in Louisiana, a recent change in the law could determine whether you recover compensation or nothing at all. As of Janua...

Read Full Article
woman in neck brace talking to lawyer

Blog Louisiana Sets New Two-Year Statute of Limitations for Tort Claims

Now that Louisiana has set a new two-year statute of limitations on tort claims, injury victims will have more time to take legal action for...

Read Full Article
law statue

Blog Digger Earles Honored With Appointment to GLP-1 Plaintiff Steering Committee

In a significant victory for plaintiffs in the high-stakes multi-district GLP-1 litigation, renowned Lafayette personal injury lawyer Digger...

Read Full Article

Guidance you can trust, from people who actually know.

View All FAQs View All Articles

Our Locations Find Your Local Office

Get Legal Help Today Talk to a Louisiana Local Attorney Today

25+ Attorneys Collaboration on every case

Call Anytime Speak to our local team 24/7

(337) 547-2777
This field is required.
This field is required.
This field is required.
This field is required.
This field is required.
Send Message
Accessibility: If you are vision-impaired or have some other impairment covered by the Americans with Disabilities Act or a similar law, and you wish to discuss potential accommodations related to using this website, please contact our Accessibility Manager at (337) 223-9925.