Losing a loved one is always shattering. But when that loss is caused by someone else’s carelessness or wrongdoing, the grief can feel even heavier. At Dudley DeBosier, we understand that no legal result can truly make things right—but pursuing justice through a wrongful death claim can help protect your family’s future and hold the responsible party accountable.
If you’re dealing with the loss of a family member in Lafayette, our experienced wrongful death attorneys are here to provide support and aggressive legal representation. We’re ready to help you take the next step, so you can focus on your family’s well-being.
Contact us today for a free consultation.
What to Know About Wrongful Death in Louisiana
A wrongful death claim allows surviving family members to seek compensation when a loved one’s death is caused by another person’s negligence or misconduct.
Under Louisiana law, the right to file a wrongful death claim follows a specific priority order:
- Surviving spouse or children
- Surviving parents, if there is no spouse or child
- Surviving siblings, if there is no spouse, child, or parent
- Surviving grandparents, if no other family members are eligible
It’s important to act quickly—Louisiana law imposes a one-year statute of limitations from the date of death to file a wrongful death lawsuit. Missing this deadline could mean losing your right to pursue compensation.
Causes of Wrongful Death in Lafayette
Tragedies can occur in countless ways. Some of the most common causes of a wrongful death in Lafayette include:
Motor Vehicle Accidents
Vehicle collisions represent one of the leading causes of wrongful death cases. These include crashes involving passenger cars, commercial trucks, motorcycles, bicycles, and pedestrians. Factors like distracted driving, speeding, impaired driving, and reckless behavior on Lafayette’s busy roadways can lead to fatal accidents.
Workplace Accidents
Lafayette’s diverse industrial labor market creates hazards that can result in fatal workplace injuries. These often occur in:
- Construction sites where falls, electrocutions, or structural collapses happen
- Manufacturing facilities with dangerous machinery or equipment
- Oil and gas operations both onshore and offshore
- Industrial settings where toxic chemical exposure occurs
- Transportation-related workplace incidents
Medical Malpractice
When healthcare providers fail to meet the standard of care, the consequences can be fatal. Common medical malpractice scenarios that lead to wrongful death include:
- Surgical errors that damage vital organs or cause excessive bleeding
- Misdiagnosis or delayed diagnosis of life-threatening conditions
- Medication errors involving incorrect prescriptions or dosages
- Birth injuries resulting in infant or maternal death
- Hospital-acquired infections due to improper sanitation protocols
Nursing Home Negligence
Our elderly loved ones deserve quality care and dignity. Sadly, nursing home negligence can lead to preventable deaths from:
- Falls due to inadequate supervision or assistance
- Medication errors or improper administration
- Malnutrition or dehydration from neglect
- Untreated bedsores that develop into life-threatening infections
- Failures to monitor health conditions or respond to emergencies
Premises Liability
Property owners have a responsibility to maintain safe conditions. Fatal accidents related to premises liability can occur due to:
- Inadequate security measures leading to assaults or violence
- Slip and fall accidents on unsafe surfaces
- Swimming pool accidents without proper safety measures
- Structural failures or building code violations
- Fire hazards or inadequate emergency exits
Product Liability
Defective or dangerous products cause numerous preventable deaths each year. Fatal product liability cases may involve:
- Defective vehicle components that cause accidents
- Dangerous pharmaceuticals with inadequate warnings
- Malfunctioning medical devices
- Consumer products with design or manufacturing defects
- Children’s products that pose choking, strangulation, or other hazards
Damages Recoverable in Lafayette Wrongful Death Cases
The law allows families to recover both special damages (economic) and general damages (non-economic) for the harm caused by their loved one’s death.
Special Damages
These are the quantifiable financial losses resulting from your loved one’s death:
- Medical expenses incurred before death, including emergency care
- Funeral and burial costs
- Lost income and the financial support the deceased would have provided
- Lost benefits, such as health insurance or retirement contributions
- Value of household services the deceased would have performed
General Damages
These damages acknowledge the profound emotional and relationship losses suffered:
- Mental anguish and emotional grief suffered by family members
- Loss of consortium for a surviving spouse
- Loss of care, guidance, and nurturing for surviving children
- Loss of companionship and emotional support
- Pain and suffering the deceased may have experienced before death
How Our Lafayette Wrongful Death Lawyers Prove Negligence
To succeed in a wrongful death case, we must show that negligence occurred. This means proving four essential elements:
Establishing Duty of Care
First, we demonstrate that the at-fault party had a legal responsibility to act with reasonable care toward your loved one. This duty varies depending on the relationship—drivers must operate vehicles safely, doctors must provide competent medical care, and manufacturers must create safe products.
Proving Breach of Duty
Next, we show how the responsible party failed to uphold their duty. This might involve a driver texting while driving, a doctor ignoring concerning symptoms, or a company selling a product they knew was dangerous.
Demonstrating Causation
We must establish a direct link between the breach of duty and your loved one’s death. This often requires expert testimony to explain how the negligent actions led to the fatal outcome.
Documenting Damages
Finally, we present evidence of the losses your family has suffered and will continue to suffer because of this death. This includes both economic impacts and emotional suffering.
Evidence Collection
We support your case with compelling evidence gathered through thorough investigation, including:
- Official accident reports from police or workplace safety agencies
- Detailed medical records documenting the cause of death
- Witness testimony from those who saw what happened
- Expert opinions from medical professionals, accident reconstructionists, or financial analysts
- Surveillance footage, photos, or physical evidence from the scene
- Employment and financial records to establish economic losses
What Sets Our Team Apart
At Dudley DeBosier, we understand the emotional weight of a wrongful death case. That’s why we combine fierce advocacy with personal compassion and care.
A Family-First Approach
We prioritize your family’s needs and comfort during this difficult time. Our attorneys take time to listen, understand your concerns, and provide clear explanations at every step. We schedule meetings at your convenience and handle the legal complexities so you can focus on your family.
Strategic Legal Approach
Our experienced legal team:
- Investigates every detail of your case to identify all liable parties
- Works with respected experts to strengthen your claim
- Calculates the full extent of current and future losses
- Negotiates aggressively with insurance companies
- Prepares thoroughly for trial if a fair settlement isn’t offered
Financial Peace of Mind
We believe everyone deserves access to quality legal representation, regardless of their financial situation. That’s why you won’t pay us upfront. Our fee is contingent on the outcome, which ensures that you can focus on your recovery while we focus on getting you the compensation you need.
Contact Dudley DeBosier to Get Started
If you’ve lost a loved one due to someone else’s negligence, let our Lafayette wrongful death attorneys help you fight for justice. We’ll walk you through your options, answer your questions, and advocate for your family every step of the way.
Fill out our free consultation form to speak with our team.
