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.

Client Testimonials Hear from locals like you.

I had the pleasure of working with Erica Ducote, and I cannot say enough about the excellent job she did on my case. From the very beginning, Erica wa...

I had the pleasure of working with Erica Ducote, and I cannot say enough about the excellent job she did on my case. From the very beginning, Erica was professional, knowledgeable, and attentive to every detail. She took the time to explain each step of the process, answered all of my questions thoroughly, and made sure I always felt supported and informed.
Her dedication and attention to detail were clear throughout, and it was evident she genuinely cared about achieving the best possible outcome. Thanks to Erica’s hard work and expertise, my case went smoothly and successfully.
I highly recommend Erica Ducote to anyone in need of a skilled, reliable, and compassionate paralegal. She truly goes above and beyond!

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maddie jo

Marksville

The team at Laborde Earls is extremely helpful and knowledgeable. While I would recommend any team member, I would strongly urge you to speak with Mrs...

The team at Laborde Earls is extremely helpful and knowledgeable. While I would recommend any team member, I would strongly urge you to speak with Mrs. Courtney. I spoke with her multiple times, and each time she was patient and answered every question I had. She made me feel like I was the only client. Grateful for her and Laborde Earls!

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Tracie M.

I highly recommend hiring Laborde Earles for your personal injury needs. They have the most professional, friendly and communicative staff who are gua...

I highly recommend hiring Laborde Earles for your personal injury needs. They have the most professional, friendly and communicative staff who are guaranteed to work hard on your case and get the outcome you deserve. Brittani C. is one of the most organized, thorough and helpful paralegals I’ve ever had the pleasure of working with. She keeps you informed and answers all your questions throughout the litigation process.

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Patrick Conner

Baton Rouge

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

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

At the very first meeting with Alexis and Danielle they took the time to explain everything to us so that we understood what we were going to go throu...

At the very first meeting with Alexis and Danielle they took the time to explain everything to us so that we understood what we were going to go through. They checked in on us to see how things were going with DR appointment and therapy. They checked in on the phone or by text and if I had a question and I was in Lafayette and I would stop by the office one of them would come to answer my questions. I truly appreciate the response and respect that they showed to me and my husband and I would really recommend them to family and friends.

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Hazel G.

Love Laborde Earle's. They're dependable lawyers that let you know you can trust them. I would specifically recommend Derek Hebert. He's a great attor...

Love Laborde Earle's. They're dependable lawyers that let you know you can trust them. I would specifically recommend Derek Hebert. He's a great attorney who is extremely knowledgeable and you'll never doubt that he'll get the job done!

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Kaitlin H.

Jourdan is an outstanding paralegal! She is knowledgeable, organized, and truly cares about the clients she works with. Every interaction I’ve h...

Jourdan is an outstanding paralegal! She is knowledgeable, organized, and truly cares about the clients she works with. Every interaction I’ve had with her has been positive — she takes the time to explain things clearly and makes the process much less stressful. Laborde Earles Law Firm is lucky to have someone like Jourdan on their team. I would highly recommend both Jourdan and the firm to anyone looking for trustworthy and reliable legal support.

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Matt Picard

New Orleans

They have good to keep me updated on the case but so far the settlement has not been reached.

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Lisa S.

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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