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May 15, 2026
It is impossibly difficult to lose a loved one in any way, especially when the negligence of a driver causes it. What should families do after a fatal car accident in Lafayette? It’s important to know both the immediate steps and the long-term options a family has to get the support they need, emotionally and financially.
Immediate Steps to Take After a Fatal Car Crash
The immediate steps you take after a fatal car crash, if you were present in the crash, are essential. You should:
- Call emergency responders and report injuries or suspected deaths
- Wait at the scene for emergency responders
- Provide aid where you can, and move people to safety when needed
- Cooperate with emergency responders, receive medical treatment, and provide information for the police report
- Take photos and videos of the accident for evidence if you can
- Note the contact information of the other driver and any eyewitnesses
There are additional steps to take after this, and steps to take if you were not at the scene of the accident, including:
- Notifying your close family members
- Getting the support you need from your loved ones
- Reporting the accident to your insurance company, if needed
- Securing the death certificate, a copy of the police report, and other key records
- Avoiding communication with the insurance companies of the other drivers
- Finding a Lafayette fatal car accident attorney to help you file a claim
In Lafayette Parish, there were 31 fatal car accidents in 2024. Five of these fatalities were bicyclists, and eight were pedestrians.
When you work with an attorney after a fatal car accident, it is much more straightforward to manage your case. An attorney deals with the investigation of the crash and determining fault, which can be very triggering to many family members if they handle it alone.
You shouldn’t have to deal with insurance companies that are only focused on their bottom line while you are grieving. An attorney handles negotiations for you, looking out for your interests during a stressful time in your life.
When Can You File a Wrongful Death Claim?
Not everyone can file a wrongful death claim in Lafayette. You need the grounds for the claim, and you need to be a close family member. If another party’s negligence was the cause of the accident that led to your loved one’s death, you likely have the grounds for a wrongful death claim. You can file the claim if you are:
- The surviving spouse or child
- The surviving mother or father, if there is no surviving spouse or child
- The surviving brother or sister, if there are no surviving relatives above
- The surviving grandparent, if there are no surviving relatives above
The right to file for wrongful death in Louisiana is inheritable, and also includes any relatives through adoption.
What Damages Can a Wrongful Death Claim Secure?
According to the Centers for Disease Control and Prevention, fatal car accidents cost an average of $10,803 in medical costs per person in Louisiana in 2024, and an average of $10.88 million in value of life losses. The damages you can get in a wrongful death claim rely on the specific damages you and your family have suffered as a result of the accident. This can include:
- Reasonable funeral costs
- Burial or cremation expenses
- The medical bills for treatment prior to death
- Loss of financial support and future earnings
- Loss of companionship and consortium
- Emotional suffering
Recovering these damages helps in several ways. It prevents your family from struggling financially during an already difficult time in your lives. It can also give you some closure surrounding this traumatic and life-altering event. The claim holds the at-fault party responsible for their negligence that caused the death, which may bring further closure.
FAQs
What Should You Not Tell Your Insurance Company After a Fatal Car Accident in Louisiana?
After a fatal car accident in Louisiana, you should never admit fault, either your own fault or the fault of another party, including the deceased. Insurance companies can use whatever you say against you, attempting to minimize your ability to file a claim.
You should also not agree to a settlement that an insurance company provides you immediately after a crash. Early settlements are often valued well under what you are owed.
What Happens When Your Family Member Is Hit by a Car and Dies?
If your family member is hit by a car and dies, it can be difficult to know what to do next. Other than reporting the accident and filing a police report, you should discuss your case with an attorney to see if you can file a claim.
When the driver or another party is to blame, you can file a wrongful death claim against the at-fault party in the crash. This can help you get closure and financial support.
Should You Hire a Car Accident Lawyer After a Fatal Car Accident in Lafayette?
You should hire a car accident lawyer after a fatal car accident in Lafayette. These accidents and their aftermath are incredibly traumatic and hard to navigate.
With a lawyer, you have less to worry about. Your lawyer can assess your case and manage the process of filing a claim. They represent your interests and deal with insurance companies on your behalf. If needed, your lawyer can take your case to trial to get the compensation you are owed.
How Do You Gather Evidence for a Claim After a Fatal Accident?
After a fatal accident, it can be harder to gather evidence for a potential claim, especially if you were not present.
When you work with an attorney, they can help you gather key information like the police report, photos from the scene, the statements from eyewitnesses, and traffic footage. They can also consult resources like accident reconstructionists and medical professionals for additional support for your claim. An attorney makes it much easier to secure this evidence.
Cox Law Firm: Your Lafayette Car Accident Attorney
When you lose a loved one because of someone else’s negligence, you are able to take action to hold them responsible. At Cox Law Firm, we have 55 years of experience serving Louisiana communities, including in the 15th Judicial District Court. Reach out to us today.