Wrongful Death Lawyer in Lafayette

Losing a loved one is always an intensely painful experience. The pain of that loss is magnified when you discover your loved one died unnecessarily or because of someone else’s negligence. There is nothing that can replace the loss of your loved one, but you can hold the negligent party accountable.

The wrongful or unnecessary death of a loved one usually leaves more than just an emotional void. Your loved one could have been the breadwinner for your family, or they may have been hospitalized for a lengthy period before they passed away.

The Lafayette personal injury lawyers at Laborde Earles can fight for your right to recover these financial losses. Put our 350 years of combined legal experience to work for you with an initial consultation. We’ll help you sue the liable parties and help you get closure and compensation.

Our Wrongful Death Lawyers Have Won Millions for Clients

We know that it’s a big step to trust any lawyer with a wrongful death case. You won’t get a do-over, and your financial future (as well as that of your family) will be riding on the case. So, when you hire a wrongful death attorney, it’s important to choose one who has proven they can fight and win.

Our personal injury attorneys have recovered over one billion dollars in verdicts and settlements for our clients. That includes a $23,000,000 wrongful death judgment.

We can’t promise you an eight-figure damage award in your case, but we can promise you we will fight for the compensation you deserve.

How Can I Prove Wrongful Death?

It can be challenging to prove tht a wrongful death occurred. A wrongful death claim implies the decedent passed away due to someone else’s negligence or recklessness.

To prove wrongful death, one must show that:

• The defendant owed a duty of care to the decedent.
• The defendant breached the duty of care by being negligent.
• The defendant’s negligent actions contributed to the decedent’s untimely death.
• The decedent’s death led to economic and/or non-economic losses.

Because a wrongful death lawsuit is filed in civil court, the burden of proof is lower than in a criminal case. The plaintiff must provide clear and convincing evidence that the defendant is more likely than not to be the cause of the victim’s death.

Evidence in a wrongful death case can include:

• Photos of the accident scene
• Surveillance video footage
• Any bills or receipts relating to the accident
• Police report
• Medical records
• Witness testimony

Our Lafayette wrongful death attorneys can help you gather evidence for your case, discover the responsible party, and demand compensation from them.

How a Wrongful Death Lawyer Can Help

Losing a loved one because of someone else’s actions is heartbreaking and overwhelming. A wrongful death lawyer can step in to guide you through this difficult time, giving you the support and expertise you need to pursue justice. Here’s how we can help:

Explaining Your Rights

A wrongful death attorney in Lafayette will help you understand your legal options and explain what compensation you may be entitled to, such as medical bills, funeral expenses, lost income, and emotional pain. We are here to make the process less confusing.

Investigating What Happened

Your lawyer will dig into the details of your case to uncover the truth. This might include gathering police reports, medical records, and witness statements, or bringing in experts to help strengthen your case.

Identifying Who’s Responsible

Figuring out who is at fault can be tricky. Your attorney will analyze the evidence to pinpoint the responsible party and hold them accountable.

Dealing With Insurance Companies

Insurance companies can be tough to deal with, and they often want to pay as little as possible. A wrongful death lawyer will handle all communication with them, so you’re not pressured into accepting less than you deserve.

Calculating What You’re Owed

Your lawyer will make sure all your losses are considered, from financial costs like funeral expenses to the emotional toll of losing someone you love.

Representing You in Court

If a fair settlement isn’t possible, your lawyer will take your case to court and fight for you. We present the evidence and tell your story to get you the justice you deserve.

Offering Support and Guidance

Beyond the legal work, a wrongful death lawyer is there to support you. They’ll handle the hard stuff so you can focus on grieving and healing.

Moving Forward Together

A lawyer is more than just legal help—they’re an advocate who’s dedicated to honoring your loved one’s memory and helping you find closure. You don’t have to face this alone.

Under What Circumstances Can You File a Wrongful Death Lawsuit?

CC §2512.2 states that a wrongful death lawsuit may be filed when a person passes away due to the fault of another. Such a lawsuit may be considered valid when negligence or recklessness by another responsible party is proven to be the direct cause of death.

Any accident that could have served as grounds for a personal injury suit had the deceased individual survived may serve as grounds for a wrongful death suit if the consequences of that accident were fatal. A wrongful death case can come from any fatal personal injury accident. 

Our team in Lafayette includes:

• Lafayette car accident lawyers
• Lafayette pedestrian accident lawyers
• Lafayette dog bite lawyer
• Lafayette nursing home abuse lawyers
• Lafayette truck accident lawyer
• Lafayette motorcycle accident lawyer
• Lafayette bicycle accident lawyers

There are several key differences between different forms of wrongful death cases. For example, a case involving a car crash and one centering on premises liability may play out very differently. Help from a wrongful death attorney from Lafayette Parish is essential for success.

What Are Some Common Causes of Wrongful Death Cases?

Wrongful death is caused by another party‘s negligence. That’s where the term “wrongful death” comes from. The deceased is dead and would still be alive if not for the negligence or recklessness of another party.

Some common examples of the kinds of negligence that can lead to wrongful death include:

• Driving under the influence of alcohol or drugs
• Improper or irresponsible use of firearms
• Workplace accidents born out of improper or inadequate safety procedures
• Reckless driving
• Defective products

Bear in mind that this is just a partial list of reckless or negligent behavior that can lead to the wrongful death of a loved one. Regardless of the cause, our wrongful death attorneys in Lafayette will pursue the negligent party and mount a determined effort to recover damages on your behalf.

Only Certain People Can File Wrongful Death Claims

A wrongful death claim is like a personal injury claim, with the key difference being that the injured individual is no longer alive to fight their case in court. Instead, the victim’s family members must file the claim to seek damages.

Under Louisiana law, there are specific categories of people who can file a wrongful death claim in court in the event of a fatal injury. They include the decedent’s:

• Spouse or children
• Parent or parents in the absence of a surviving spouse or children
• Siblings in the absence of surviving parents, spouse, or children
• Grandparents, if there are no surviving siblings, parents, spouse, or children

For each category, the deceased’s family members related by adoption can also file a wrongful death claim, just as family members related by marriage or blood may.

In the absence of any surviving family members who can pursue this claim in court, the executor or personal representative of the deceased individual’s estate can bring a claim to seek damages for losses incurred by the estate.

What Are Executors and Personal Representatives?

When someone dies, their property goes through a process called probate. The remaining property is called the estate of the deceased. An executor or a personal representative is the legal representative of the deceased for probate purposes.

An executor is a named person in a will that the deceased named to handle their affairs before they died. A personal representative is a person appointed by a court to handle the same tasks as an executor if there wasn’t a will or an executor was not named.

For wrongful death claims, family members have a higher level of standing to start a wrongful death claim than executors and personal representatives.

How Much Is an Average Wrongful Death Settlement?

The amount of compensation recovered during a wrongful death case varies. No two cases are the same, so there is no way to compare your case to another or determine an “average” settlement.

The amount of compensation you could receive depends on factors such as:

• Damages incurred
• If the case is settled or goes to trial
• The decedent’s age and future earning potential
• The percentage of financial support the family relied on the victim for
• Circumstances surrounding the accident
• The number of dependents the decedent had

A lawyer from our firm can help investigate the details of the incident that led to your loved one’s death. We will evaluate the circumstances to help you go after a fair settlement for your loss.

Recoverable Damages in a Wrongful Death Case

Wrongful death damages can cover both economic and non-economic losses. Specific, measurable losses with a fixed dollar amount are economic losses. These can include:

• Burial expenses and funeral costs
• Medical expenses, including costs of emergency care associated with the deceased individual’s final injury or illness
• Loss of benefits and income
• The value of lost household services
• Pain and suffering your loved one experienced before their death
• Property damage

Losses resulting from a wrongful death that cannot be supported with proof, such as a receipt or bill, are non-economic. These damages may include:

• Pain and suffering endured by the deceased individual in their final moments
• Loss of companionship
• Loss of guidance
• Loss of care
• Loss of emotional support
• Loss of consortium

These damages can be challenging to prove because they have no clear dollar amount. However, our wrongful death lawyer serving Lafayette can calculate them accurately for your case.

You Have a Limited Amount of Time to File, so Don’t Delay

Louisiana grants a short statute of limitations to file wrongful death lawsuits. According to Louisiana state law, the estate of the deceased loved one has only a one–year prescriptive period in which to file wrongful death lawsuits. 

It is essential to take legal action promptly. If you miss this deadline, you risk losing your opportunity to seek financial compensation for your loved one’s death.

Whenever a loved one passes, there may be an untold amount of financial hardship in the form of lingering medical bills, funeral expenses, and wage loss. A Lafayette wrongful death lawyer from our firm may be able to help recover these wrongful death damages for the estate and for the survivors.

No Upfront Cost for the Legal Representation You Need

The emotional and economic toll of losing a loved one is the worst kind of one-two punch. For surviving family members, the economic impact of medical bills and funeral expenses can keep them so worried about making ends meet that they don’t seek the legal representation they deserve. The last thing anyone in this tragic situation wants is a legal bill.

Our personal injury lawyers believe in helping people in times like this. That’s why our firm handles wrongful death cases on a contingency basis. That means we won’t charge you a fee for taking your case if we don’t win it. 

So, now that you know there is no economic barrier to letting us take your case, we sincerely hope you’ll take the next step and call us to discuss your legal matters.

Get Help From a Lafayette Wrongful Death Law Firm Today

When your family member dies in a fatal accident or fatal injury, it can lead to immense turmoil and pain, along with extensive financial and other losses. Money cannot compensate for the personal loss you’ve suffered, but it can help you cover the extensive financial losses. Let us help you through the legal process of this difficult time.

Contact Laborde Earles for a complimentary consultation, during which we can help you determine the best course of action for you. We work on a contingency fee basis, so we do not charge for our services unless we win your case.