When someone you love is taken too soon because of another person’s actions, the grief is overwhelming. In close communities like Prairieville, that kind of loss touches everyone. You may be left with unanswered questions, financial stress, and a deep sense of injustice. The Prairieville personal injury attorneys at LJBLegal are here to help you through it.
While nothing can undo what happened, Louisiana law gives certain family members the right to take legal action. A wrongful death claim can help cover expenses, ease the financial burden, and provide a sense of accountability. Most importantly, it gives you space to focus on healing while we handle the hard part.
Who Can File a Wrongful Death Claim in Louisiana?
In Louisiana, the people who can file a wrongful death claim are ranked in a specific legal order. First, the surviving spouse and children have the right to file. If there is no spouse or child, the right passes to the surviving parents. If the parents are no longer living, surviving siblings may file. If none of those relatives are alive, surviving grandparents may bring the claim.
Family Members Eligible to File
- A surviving spouse and children
- If none, surviving parents
- If none, surviving siblings
- If none, surviving grandparents
How Long Do You Have to Bring a Wrongful Death Claim?
Wrongful death claims are extremely time-sensitive in Louisiana. In most cases, families only have one year from the date of death to file a lawsuit. Missing the wrongful death filing deadline can permanently prevent you from recovering compensation.
However, waiting until the deadline approaches can seriously damage your case. Important evidence like surveillance footage, accident reports, witness statements, vehicle data, and medical records can disappear or become harder to obtain over time. A prompt investigation gives your attorney the best chance to preserve critical evidence and build a strong claim.
The sooner you reach out, the sooner steps can be taken to protect your rights and preserve the evidence needed to support your case.
We DO THE RIGHT THING
The correct choice – always – is to do the right thing.
FREE Confidential Case Review (985) 240-9773Where Do Wrongful Deaths Happen Around Prairieville?
Common Roadways for Serious or Fatal Accidents
- Highway 73 (Jefferson Hwy.)
- Airline Highway (U.S. 61)
- Interstate 10 (I-10)
We help families in Prairieville, Oak Grove, Twelve Oaks, and throughout Ascension Parish. Whether the loss happened in a car accident, at a business, or under other circumstances, we can step in and guide you through the legal process.
We ARE TRANSPARENT
We don’t play games and we don’t hide the ball.
FREE Confidential Case Review (985) 240-9773Common Causes of Wrongful Death
Types of Accidents That May Lead to Wrongful Death
- Car, truck, or motorcycle accidents
- Falls on unsafe property
- Defective or dangerous products
- Dog attacks or other fatal injuries
- Intentional acts of violence
Every case is different. What matters most is understanding what happened, who is responsible, and how the law applies to your situation. That’s where we come in.
We ARE COMPASSIONATE
Emotionally intelligent listeners with positive attitudes.
FREE Confidential Case Review (985) 240-9773What is the Difference Between a Wrongful Death Claim and a Survival Action?
The main difference between a wrongful death claim and a survival action in Louisiana is who suffered the damages and when those losses occurred. A survival action compensates for the victim’s losses before death, while a wrongful death claim compensates surviving family members for losses caused by the death. In many Prairieville fatal accident cases, both claims can be filed together.
What Compensation Can You Recover?
Many families tell us this process is not just about money. No amount of compensation can replace someone you love. Families often want answers about what happened, accountability for the people responsible, and reassurance that steps are being taken to help prevent another family from going through the same tragedy.
Damages Available in a Louisiana Wrongful Death Case
- Medical bills related to the final injury or illness
- Funeral and burial costs
- The income your loved one would have provided
- Loss of care, companionship, and guidance
- Your family’s pain and emotional suffering
Are There Limits On Compensation?
Louisiana law does not place caps on most wrongful death damages. However, there are important exceptions and practical limits families should understand.
- Medical malpractice cases: Louisiana generally limits non-economic damages in medical malpractice claims.
- Government claims: Different rules and damage limits may apply when a government agency or public entity is involved.
- Insurance policy limits: In many cases, the amount available to recover may depend on the insurance coverage available. Even when a loss is devastating, the at-fault party may only carry limited insurance.
This can be frustrating for families already dealing with an unimaginable loss. Part of our job is identifying all possible sources of recovery, including additional insurance policies or other responsible parties when appropriate.
We take the time to understand what your family has lost and pursue every type of compensation Louisiana law allows.
When Insurance Companies Try To Blame Your Loved One
Understanding Louisiana’s Comparative Fault Rule
Louisiana uses something called modified comparative fault. That means if your loved one is found partially responsible for the incident, the compensation available to the family may be reduced by that percentage.
Example: If they are found 20% at fault, the total recovery is reduced by 20%.
For many families, one of the hardest parts of a wrongful death case is hearing insurance adjusters or defense lawyers try to shift blame onto the person who passed away. After losing someone you love, hearing people question their actions, choices, or character can feel painful and deeply personal.
Insurance companies often use comparative fault arguments to reduce what they pay. They may look for ways to minimize their responsibility, even before families have had time to grieve or fully understand what happened.
Our Louisiana wrongful death lawyers help carry some of that burden for families. We gather evidence, work with investigators and experts when needed, and fight to make sure the full story is told fairly and truthfully. Many families are not just looking for compensation. They also want answers, accountability, and reassurance that their loved one’s story will not be unfairly rewritten by an insurance company.
Why Choose Loyd J Bourgeois Injury & Accident Lawyer?
Choosing the right legal team matters after a loss. Families in Prairieville and across Ascension Parish need more than legal paperwork. They need answers, support, and a team that understands how serious wrongful death cases affect the whole family.
- Client-first service: We treat people with care, respect, and personal attention during a painful time.
- Experienced representation: Our attorneys know how to handle Louisiana wrongful death and injury claims and build cases carefully.
- Thorough case-building: Serious cases need more than a big name. They need the right team, the right preparation, and the right support.
- Peer-recognized attorneys: Loyd J Bourgeois has earned an AV Preeminent rating from Martindale-Hubbell and has been recognized by Super Lawyers and Best Lawyers. These peer-influenced honors reflect professional achievement and respect in the legal field.
- Strong client-focused ratings: Potential clients can review strong attorney ratings, including a 10.0 Justia rating and 10/10 Avvo rating.
- Client-voted awards: Our firm has been recognized in client fan favorite awards, including NOLA Family Favorites Favorite Attorney and New Orleans CityBusiness Top Winner for Best Personal Injury Lawyer.
- Local knowledge: We understand Prairieville, Ascension Parish, local roads like Highway 73, Airline Highway, and I-10, and how local courts, insurance companies, and community factors can affect a case.
- Free consultation: We offer a free initial consultation so you can get answers before deciding what to do next.
We understand most families are not simply looking for a settlement check. Money cannot replace a loved one. Many people come to us because they want answers, accountability, and the peace of mind of knowing someone is standing up for their family.
If your family has questions after a fatal accident in Prairieville or anywhere in Ascension Parish, we are here to listen. Contact Loyd J Bourgeois Injury & Accident Lawyer today for a free, private consultation.
What Does the Process Look Like?
Steps in a Louisiana Wrongful Death Claim
- Free consultation: We talk with you about what happened and what options you have.
- Investigation: We gather records, speak with witnesses, and find out what really happened.
- Filing the claim: We prepare everything the right way and file it on time.
- Negotiation or court: Many cases settle, but if yours goes to court, we’ll be ready.
We are here to walk with you through each step, answer your questions, and give your family the attention it deserves.
For many families, this process is about more than financial recovery. Money cannot replace a loved one. Families often want the truth about what happened, accountability from those responsible, and changes that may help keep another family from suffering the same loss.
Talk to a Prairieville Wrongful Death Lawyer Today
If you’ve lost someone because of another’s actions, whether it was a crash on Highway 73, a fatal fall, or another type of tragedy, you may have a right to seek justice. Our team at LJBLegal is here to listen and help you move forward.
Call us today at 985-240-9773 or fill out the form below to schedule your free, private consultation with a wrongful death lawyer who serves Prairieville and all of Ascension Parish.
