Wrongful Death & Survivor Damages in Lafayette and Southern Louisiana

Lafayette Wrongful Death and Survival Statute Lawyers

Lafayette Wrongful Death Injury Lawyers can help you recover funeral expenses if a loved one has been killed.Injuries caused by the negligence of someone else give you a right to recover monetary damages to compensate you for your losses. If you or a loved one has suffered an injury, you likely know that money alone often cannot fully compensate for personal injury losses. Be that as it may, money is the only legal remedy available in these difficult situations and you should receive monetary damages for your loss. Lafayette personal injury lawyers and Lafayette wrongful death lawyers are experienced in assessing monetary awards and know what type of a settlement or award you might be able to expect from your claim.

When someone is killed and the surviving family members believe a lawsuit may be in order, a Lafayette wrongful death lawyer can help them assess the legal issues and prepare necessary documents and expert witnesses for trial. A Southern Louisiana wrongful death attorney will first assess who the proper parties are to make a claim.  

Who can Recover Damages When Someone is Killed Through Negligence?

When someone is killed by the wrongful act of another in Louisiana, it is important to know who can recover damages. The following family members can make claims:


A. If a person dies due to the fault of another, suit may be brought by the following persons to recover damages which they sustained as a result of the death:
(1) The surviving spouse and child or children of the deceased, or either the spouse or the child or children.
(2) The surviving father and mother of the deceased, or either of them if he left no spouse or child surviving.
(3) The surviving brothers and sisters of the deceased, or any of them, if he left no spouse, child, or parent surviving.
(4) The surviving grandfathers and grandmothers of the deceased, or any of them, if he left no spouse, child, parent, or sibling surviving.
B. The right of action granted by this Article prescribes one year from the death of the deceased.
C. The right of action granted under this Article is heritable, but the inheritance of it neither interrupts nor prolongs the prescriptive period defined in this Article. (§ 2315.2. Wrongful death action).

What types of damages can be recovered when someone is wrongfully killed?

When Lafayette negligence leads to a family member's death, there are multiple types of damages that can be recovered. The first are called survival damages. Survival claims are claims by the family that inherited when the decedent dies. In Louisiana, this applies to lawsuits that were started before the victim died. His family can recover many of the damages that he would have been able to recover, but not pain and suffering.

Lafayette Fatal Injury Lawyers can help your family get justice.The other type of damages allowed come from a Lafayette Wrongful Death claim. These damages allow the family to recover the damages they suffered as a result of their family member's death. The types of damages that family members can receive for wrongful death include:

  • Loss of love, affection and companionship;
  • Sorrow, grief and mental anguish;
  • Loss of services (including household duties and chores);
  • Loss of support from time of death to date of trial;
  • Loss of future support;
  • Loss of consortium (intimate relationship with a spouse);
  • Funeral and Medical expenses; and
  • In some cases, Punitive Damages.

While it is important to call a Lafayette Parish Wrongful Death Lawyer as soon as possible, the family of the deceased may be in need of other services, such as the ones provided by these Lafayette florists:

Les Amis Florist & Gifts
2815 Johnston Street
Lafayette, LA 70503
337) 988-0900 
1116-B Coolidge Boulevard
Lafayette, LA 70503
337) 237-1179 ‎ 
Mary's Flowers & Gift Shop
702 Eraste Landry Road
Lafayette, LA 70506
337) 235-7200
Spedale's Florist, Inc.
110 Production Drive Suite 101
Lafayette, LA 70508
337) 233-4404
Ruby's House of Silk
209 Madison Street
Lafayette, LA 70501
337) 232-1248 
Flowerland of Lafayette
112 Rena Drive
Lafayette, LA 70503
337) 981-8453
Roy-Al Flower & Gift
401 West University Avenue
Lafayette, LA 70506
337) 261-0127 ‎ 

Beyond Flowers
312 West Simcoe Street
Lafayette, LA 70501
337) 593-8084 

What legal actions should you take if your loved one has recently passed away?

When a family member or close friend passes on, it can be extremely difficult to think of all the mundane tasks that must be accomplished to get their estate in order, deal with bank accounts, pension funds, social security benefits, and any potential lawsuit you may want to pursue related to their death. If your loved one has been killed in a wrongful death accident, you may feel lost and need guidance on your proper course of action. Click here for a detailed list of steps you should take following the death of a family member.

Resources for those who have suffered the death of a loved one:  

After a loved one has died, the last thing on your mind should be a difficult legal battle or lawsuit. However, if the death was due to negligence, recklessness, or malicious conduct, you may feel it is your duty to take legal action. In such cases, Lafayette wrongful death attorneys can help you prepare your lawsuit, by arranging crucial witnesses, documentation, and evidence to present a strong case on behalf of your deceased family member. After a death, you may also find yourself in charge of preparing funeral arrangements and feel overwhelmed by small details in the face of such a traumatic experience. The following resources for funeral homes may be helpful as you and your family prepare to bid your loved one farewell.

David Funeral Home
316 Youngsville Highway
Lafayette, LA 70508
337) 837-9887 
Syrie Funeral Home Inc
1417 East Simcoe Street
Lafayette, LA 70501
337) 235-2305 
Walters Funeral Home
2424 North University Avenue
Lafayette, LA 70507
337) 706-8941
Kinchen Funeral Home
1011 N Saint Antoine Street
Lafayette, LA 70501
337) 235-1193
Fountain Memorial Funeral Home
1010 Pandora Street
Lafayette, LA 70506
(337) 981-7098
Carney Funeral Home
602 North Pierce Street
Lafayette, LA 70501
337) 235-9789 
Delhomme Funeral Home
1011 Bertrand Drive
Lafayette, LA 70506
(337) 235-9449
Martin & Castille Funeral Home
330 Saint Landry Street
Lafayette, LA 70506
337) 234-2311


Where can you find a Lafayette Wrongful Death Attorney or Southern Louisiana Wrongful Death Attorney near you?

Serving clients throughout Southern Louisiana, including Alexandria, Broussard, Cankton, Carencro, Duson, Lafayette, Larabee, Long Bridge, Maurice, Milton, Mire, Monroe, Morgan City, New Iberia, Scott, St. Martinville, Youngsville, and other communities in Lafayette Parish.