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.

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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.

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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.

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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.

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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.

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Toni at LE is seriously so dedicated and a hard worker! LE is lucky to have this chick. She's so sweet but a little spicy (in a good, funny way!) whic...

Toni at LE is seriously so dedicated and a hard worker! LE is lucky to have this chick. She's so sweet but a little spicy (in a good, funny way!) which is always a breath of fresh air to be around someone who is genuine. She's a doll and anyone who comes into contact with her is a lucky one!

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Elizabeth Lachney I absolutely hands down the best. She is very professional, knowledgeable and most importantly she is very respectful. She is one re...

Elizabeth Lachney I absolutely hands down the best. She is very professional, knowledgeable and most importantly she is very respectful. She is one reason why we use Laborde Earles Law Firm. They make you feel like family!

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Tiffany Bardwell

New Iberia

I highly recommend Alexis Davis and this lawfirm. She is the true definition of professionalism, respect, understanding, patient, and many other thing...

I highly recommend Alexis Davis and this lawfirm. She is the true definition of professionalism, respect, understanding, patient, and many other things. Her detailed skills are very delightful. She goes out of her way to check on us, make sure we don't have any questions, and she is always on point. She moves very quick and always goes above and beyond for us to make sure we understand the process. I am so glad I ran into Laborde Earles and Alexis. Everyone will know about this company for sure and Alexis

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Lafayette

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

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Melanie B.

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!

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Mimi

Lake Charles

I am able to witness Karely Cornwell handle calls from people who are in need of Laborde Earles services. She is always polite and professional. I thi...

I am able to witness Karely Cornwell handle calls from people who are in need of Laborde Earles services. She is always polite and professional. I think it’s safe to assume that the majority of people who call in are stressed and to have someone who is calm and kind taking the call is a great representation of the company.

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Stephanie Brooks was wonderful to work with! She was very professional during our interaction and extremely pleasant throughout the entire process. Her kindness and clear communication made everything smooth and easy. Highly recommend working with her and the Laborde Earles Law Firm!

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Lafayette

I’m so grateful for the help I received from Renee McCaslin. From start to finish, they were kind, professional, and truly cared about my situat...

I’m so grateful for the help I received from Renee McCaslin. From start to finish, they were kind, professional, and truly cared about my situation. They made everything easy to understand and handled every detail with care. I felt supported the whole way through. I highly recommend Renee McCaslin to anyone looking for a paralegal who goes above and beyond.

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Rosann Roberts

Lake Charles

Bridgette is absolutely phenomenal! She's one of the most professional, knowledgeable, and dedicated paralegals I've ever had the pleasure of working ...

Bridgette is absolutely phenomenal! She's one of the most professional, knowledgeable, and dedicated paralegals I've ever had the pleasure of working with. Her attention to detail is unmatched.
She catches things most people would overlook, and she always makes sure every document is perfect before it leaves her hands.
Beyond her incredible skill set, Bridgette is also kind, reliable, and a true team player. She communicates clearly, stays organized under pressure, and goes above and beyond to make sure clients and attorneys alike feel supported.
You can tell she genuinely cares about her work and the people she helps.
If you're lucky enough to have Bridgette as your paralegal, you're in the best possible hands. Five stars isn't enough for someone this exceptional!

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Brittany Johnson

Alexandria

Over 1,700 5-Star Reviews

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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.

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