When a Loved One's Death Was Someone Else's Fault, Your Family Deserves Answers — and Justice

Losing someone suddenly, especially because of another person's negligence, is one of the most disorienting experiences a family can go through. You shouldn't have to figure out the legal system while you're still in shock. We handle the claims, the insurance communications, and the legal timeline — so you can focus on your family right now.

Louisiana Wrongful Death Law Is Different From Most States — Here's What That Means for Your Family

Louisiana is one of the few states that gives surviving family members two separate legal claims when a loved one dies due to another party's negligence: a wrongful death claim and a survival action. Understanding the difference matters, because each one compensates for a different kind of loss.

 

The wrongful death claim belongs to the survivors. It compensates family members for what they have lost — the financial support, the companionship, the guidance, and the presence of the person who was taken from them.

 

The survival action is different. It steps into the shoes of the deceased and pursues the claims your loved one would have had if they had survived — including pain and suffering, medical expenses, and lost wages from the moment of injury until death. Both claims can be filed simultaneously, and both are worth pursuing.

 

We have handled wrongful death and survival action cases in Louisiana for decades. We explain this framework clearly, in plain language, from the very first conversation — because your family deserves to understand exactly what you're entitled to before any decisions are made.

Who Can File a Wrongful Death Claim in Louisiana?

Louisiana law defines eligible wrongful death claimants in a specific priority order under the Civil Code. Not every family member has the same right to file, and that order matters.

 

  • Surviving spouse and/or children — first priority; they have the primary right to bring the wrongful death claim
  • Parents of the deceased — may bring a claim if there is no surviving spouse or child
  • Siblings of the deceased — eligible if there is no surviving spouse, child, or parent
  • Grandparents of the deceased — may bring a claim if no higher-priority claimant exists

 

If you are unsure whether you have standing to file — or if multiple family members have questions about how a claim would be shared — that is exactly the kind of question we sort out in a first consultation. There is no cost to that conversation, and it often brings more clarity than families expect.

The One-Year Deadline Louisiana Families Need to Know

Louisiana's prescriptive period — the legal deadline to file a wrongful death claim — is one year from the date of your loved one's death. That window is strictly enforced, and courts rarely make exceptions.

 

We raise this not to add pressure during an already painful time, but because families often don't realize how quickly that year can pass. Grief, funeral arrangements, medical bills, and the practical weight of loss can consume months before anyone thinks to call an attorney. By the time the family is ready to talk, the clock may already be running low.

 

A single consultation with us is enough to document the claim and begin preserving your family's legal rights. You don't need to be ready to pursue a case in full — you just need to make one call before that window closes. A conversation now protects your family's options later.

What Compensation Can a Louisiana Wrongful Death Claim Recover?

Insurance companies move quickly after a fatal accident. They have adjusters and attorneys working on their side from day one. We make sure your family has the same level of preparation before any settlement discussion begins.

 

Louisiana wrongful death damages can include:

 

  • Loss of financial support — the income and economic contributions your loved one would have provided over their lifetime
  • Loss of love, companionship, and consortium — the relational loss that surviving spouses and children experience every day
  • Grief, mental anguish, and emotional suffering — recognized as compensable damages under Louisiana law
  • Funeral and burial expenses — recoverable as part of the wrongful death claim
  • Medical expenses incurred before death — pursued through the survival action
  • Pain and suffering of the deceased — also part of the survival action, not the wrongful death claim itself

 

We evaluate every applicable category before any number is discussed with an insurer. Your loss has legal value. We calculate all of it.

Common Causes of Wrongful Death Claims We Handle

  • Can I sue for wrongful death in Louisiana after a car accident?

    Yes. If someone else's negligence caused the accident that killed your loved one, surviving family members may have both a wrongful death claim and a survival action under Louisiana law. The at-fault driver's liability insurance is typically the primary source of recovery, but uninsured motorist coverage and other policies may also apply depending on the circumstances.

  • What is a survival action, and how is it different from a wrongful death claim?

    A wrongful death claim compensates the surviving family members for their own losses — grief, lost financial support, loss of companionship. A survival action steps into the place of the deceased and pursues the claims they would have had if they had lived, including pain and suffering, medical expenses, and lost wages between the injury and the death. Both claims can be filed at the same time in Louisiana.

  • How long do I have to file a wrongful death claim in Louisiana?

    Louisiana's prescriptive period for wrongful death claims is one year from the date of death. This deadline is strictly enforced. If you are still in the early stages of grief and haven't spoken with an attorney yet, the most important thing you can do is schedule a consultation soon — even a brief call is enough to begin protecting your family's rights.

  • Who receives the wrongful death settlement in Louisiana?

    Louisiana law sets a priority order for wrongful death claimants. The surviving spouse and children have first priority. If there is no surviving spouse or child, the claim passes to the parents, then to siblings, then to grandparents. How any settlement is divided among eligible claimants in the same priority tier is a separate question we address during the case.

  • How much is a wrongful death claim worth in Louisiana?

    Every case is different, and the value depends on factors including the deceased's age and earning capacity, the number and circumstances of surviving dependents, the degree of the defendant's fault, and available insurance coverage. We evaluate all applicable damage categories — financial support, companionship, grief, funeral costs, and the survival action damages — before any settlement figure is discussed with an insurer.

Your Family Shouldn't Have to Navigate This Alone

We handle wrongful death cases across Louisiana arising from car and truck accidents, uninsured or underinsured drivers, workplace and industrial incidents, defective products, and premises liability. If someone else's negligence took your loved one, we want to hear what happened.