LOUISIANA WRONGFUL DEATH CLAIMS

Losing someone unexpectedly is devastating. When that loss happens because another person or company acted carelessly, recklessly, or wrongfully, state law may allow surviving family members to pursue justice and financial accountability.

In general, a wrongful death occurs when a person dies as a result of another party’s negligence, misconduct, or wrongful act. These claims are governed by each state’s wrongful death statutes.

A wrongful death lawsuit allows eligible surviving family members to seek compensation for both the financial impact of the loss and the loss of the relationship itself.

To establish a wrongful death case in Louisiana, an attorney typically must show:

• The defendant owed a duty of care
• That duty was breached
• The breach directly caused the death
• The surviving family members suffered legally recognized damages

Who may file the lawsuit and how compensation is distributed depends on the laws of the specific state.

Wrongful death claims can result from a variety of preventable incidents. Although each case is unique, certain types of fatal events are more frequently involved. Common causes may include:

• Car accidents involving negligent or distracted drivers
• Pedestrian or bicycle collisions
• Commercial truck accidents
• Medical malpractice in hospitals or surgical settings
• Construction site and other workplace accidents
• Drownings in private or public pools
• Premises liability incidents at businesses or residential properties
• Defective or dangerous products
• Nursing home neglect or abuse
• Fatal injuries resulting from violent or criminal acts

Any of these situations may give rise to a civil wrongful death claim, which is separate from any criminal charges that may also be pursued.

If you suspect a wrongful death, it’s important to take immediate action to protect your rights and build a strong case. Here are the key steps you should take:

Obtain a Death Certificate

The official death certificate will document the cause of death, which may be important for your case.

Gather Evidence

Gather any medical records, accident reports, photographs, witness statements, or other relevant documentation that may support your claim. If the death occurred in a workplace or medical setting, request records related to procedures, treatments, or potential safety violations.

Contact Morgan & Morgan

A wrongful death attorney can evaluate your case and guide you on the best course of action. They can also help determine liability and the compensation you may be entitled to.

Avoid Speaking With Insurance Companies Alone

Insurance companies may attempt to minimize your claim. Consult with your attorney before providing any statements.

Determine Who Can File a Claim

Who may file a wrongful death lawsuit depends on state law. In many cases, the claim may be brought by eligible surviving family members or by the personal representative of the deceased person’s estate on their behalf.

Which individuals qualify, such as a spouse, children, parents, or other dependents, is determined by the laws of the state where the claim is filed.

Be Aware of the Statute of Limitations

Each state has a specific deadline for filing a wrongful death claim. Louisiana’s statute of limitations is strict, and missing this deadline could prevent you from pursuing legal action.

Consider the Financial and Emotional Impact

Wrongful death claims may allow recovery for certain losses, such as medical expenses, funeral and burial costs, lost financial support, and the loss of companionship, care, and guidance, depending on state law. An attorney can help evaluate the full scope of economic and non-economic damages that may be available in your case.

Determining whether you have a valid wrongful death case depends on several key legal factors. Here’s what you should consider:

Was there negligence or misconduct?

To have a wrongful death case, you must prove that someone else's negligence, recklessness, or other actions caused the death. This can include:

• Car accidents caused by a reckless driver
• Medical malpractice due to a doctor’s error
• Unsafe workplace conditions leading to a fatal accident
• Criminal acts, such as assault or homicide

Did the death result from that negligence?

There must be a direct link between the responsible party’s actions (or failure to act) and the death. For example, if a doctor misdiagnosed a treatable illness and the patient died as a result, that could establish a valid claim.

Do you have legal standing?

Only certain individuals are permitted to file a wrongful death lawsuit, and eligibility is determined by state law. Depending on the jurisdiction, the claim may be brought by eligible surviving family members or by the personal representative of the deceased person’s estate on their behalf.

Those who may qualify can include a surviving spouse, children, parents, or other financially dependent relatives, depending on the applicable state law.

Are there recoverable damages?

A valid wrongful death claim must involve legally recognized losses, which may include:

• Medical expenses incurred before death
• Funeral and burial costs
• Loss of financial support, including future earnings and benefits
• Loss of companionship, care, guidance, and support

The types of damages available depend on state law and the specific circumstances of the case.

Is it within the statute of limitations?

Each state has a deadline to file a wrongful death claim. If too much time has passed, you may lose the right to sue.

Under Louisiana law, a wrongful death lawsuit may be brought by certain surviving family members, following a specific order of priority.

The right to file belongs first to the deceased person’s surviving spouse and children. If none exist, the right may pass to the deceased’s parents, then to siblings, and then to grandparents, depending on the circumstances.

Only those individuals within the highest applicable category may bring the claim. The lawsuit is filed on behalf of those eligible beneficiaries, and any damages recovered are distributed in accordance with Louisiana law.

If there are multiple eligible individuals within the same category, they may share in the claim and any recovery.

Louisiana law imposes strict deadlines for filing a wrongful death claim. In most cases, the time period begins running from the date of death, though certain circumstances can affect how the deadline is calculated.

Different rules may apply in cases involving:

• Medical malpractice
• Claims against government entities
• Delayed discovery of the cause of death

Because these deadlines are strictly enforced and missing them can permanently prevent recovery, it’s important to act promptly to protect your rights.

A wrongful death lawsuit (civil case) and a criminal case can arise from the same incident, but they serve different purposes and follow different legal standards.

Purpose

• Civil case: Brought to seek financial compensation for legally recognized losses, such as medical expenses, funeral costs, and loss of financial support. The focus is on recovery for the family, not punishment.
• Criminal case: Prosecuted by the government to address violations of criminal law. The goal is punishment, which may include imprisonment, fines, or probation.

Burden of Proof

• Civil case: Must be shown to be more likely true than not (a preponderance of the evidence).
• Criminal case: Must be proven beyond a reasonable doubt, which is a higher standard.

Who Brings the Case

• Civil case: Filed by eligible family members or the personal representative of the estate, depending on state law.
• Criminal case: Brought by government prosecutors.

Possible Outcomes

• Civil case: May result in financial compensation for the family.
• Criminal case: May result in penalties such as incarceration, fines, or probation.

Can both happen at the same time?

Yes. A civil wrongful death claim can proceed independently of any criminal charges related to the same incident.

A wrongful death lawsuit and a survival action are both legal claims that may arise when someone dies due to another party’s negligence, but they serve different purposes.

A wrongful death claim focuses on the losses experienced by surviving family members as a result of the death. These damages may include funeral and burial costs, loss of financial support, and loss of companionship or services, depending on state law. The emphasis is on how the death affects the surviving beneficiaries.

A survival action, by contrast, is brought on behalf of the deceased person’s estate. It seeks damages the individual could have recovered if they had lived, such as medical expenses, lost income, or other losses incurred between the time of injury and death. Rather than compensating the family’s loss, it continues the claim the deceased would have had.

The key difference lies in timing and purpose. Wrongful death claims address losses suffered by survivors after the death, while survival actions focus on the losses the deceased experienced before passing. In some jurisdictions, both claims may be pursued together.

In a wrongful death case, compensation (often referred to as damages) is intended to address legally recognized losses resulting from the death. The types of damages available depend on state law and the specific facts of the case. Damages may include:

Economic losses:

• Medical expenses incurred before death
• Funeral and burial costs
• Loss of financial support, including future income and benefits
• Loss of household services

Non-economic losses (where permitted by law):

• Loss of companionship, care, or guidance
• Loss of consortium

In some cases involving particularly reckless or intentional conduct, additional damages may be available under applicable law.

Because wrongful death laws vary by state, an attorney can evaluate your situation and help determine what types of compensation may apply.

Proving liability in a wrongful death case involves demonstrating that the defendant’s actions, or failure to act, legally caused the death. While the process can be complex, most cases focus on establishing negligence, recklessness, or intentional misconduct.

Establishing Negligence (or Other Legal Theories)

In many wrongful death cases, the plaintiff, often an eligible family member or the estate’s representative, must show that the defendant failed to exercise reasonable care.

To establish negligence, the following elements are typically required:

• Duty of care: The defendant owed a legal duty to the deceased. For example, drivers must operate vehicles safely, and medical professionals must provide competent care.
• Breach of duty: The defendant failed to meet that standard of care.
• Causation: The breach was a substantial factor in causing the death.
• Damages: The death resulted in legally recognized losses.

Intentional or Reckless Conduct

If the defendant acted intentionally or with reckless disregard for safety, liability may be based on those theories rather than simple negligence. The plaintiff must still demonstrate that the conduct directly caused the death.

Evidence Used to Prove Liability

Establishing responsibility often involves gathering and presenting evidence, such as:

• Medical records
• Eyewitness testimony
• Expert analysis (medical, accident reconstruction, and economic experts)
• Police or incident reports
• Photographs or surveillance footage

Addressing Potential Defenses

Defendants may argue that the deceased was partially responsible for the incident. The effect of shared fault depends on state law, which may reduce or limit recovery in certain circumstances. Strong evidence and legal advocacy are essential to counter these arguments.

Legal Guidance Matters

Wrongful death cases often involve complex facts, multiple parties, and significant financial stakes. An experienced attorney can investigate the incident, preserve important evidence, consult with experts, and build a case aimed at establishing liability under applicable state law.

In a wrongful death case, an expert witness helps explain issues that may be outside a jury’s general understanding. Their role is to provide specialized knowledge that supports the plaintiff’s claims or challenges the defendant’s arguments. Expert witnesses are typically professionals in fields related to the case, such as medicine, accident reconstruction, or economics.

For example, a medical expert may explain the cause of death, the severity of the injuries, and how the defendant’s actions contributed to the outcome. An accident reconstruction expert may review the evidence to explain how the incident occurred and whether the defendant’s actions contributed to it. By offering professional opinions, these experts help the jury understand complex issues and make more informed decisions.

Yes, insurance can play a significant role in wrongful death claims. In many cases, the defendant (the person or entity responsible for the death) may have insurance coverage that could help compensate the surviving family members for their loss.

Here’s how insurance may be involved:

• Defendant's insurance coverage: If the defendant has insurance, such as in a car accident or workplace incident, their policy may cover damages awarded in a wrongful death case. The insurance company typically manages the defense and may offer a settlement to avoid going to trial, which can help survivors obtain financial compensation more quickly.
• Life insurance: If the deceased had a life insurance policy, the beneficiaries, such as a spouse, children, or other dependents, may be able to receive death benefits. This is separate from a wrongful death lawsuit but can provide additional financial support.
• Employer’s insurance: If the wrongful death resulted from a work-related accident, the employer’s workers’ compensation insurance may cover certain expenses, but it generally does not include non-economic damages such as pain and suffering. In some cases, a third-party lawsuit can be filed if another party’s negligence (outside of the employer) contributed to the death.
• Settlements: Insurance companies often seek to resolve cases before trial to avoid the cost and uncertainty of a lengthy legal process. In wrongful death cases, they may offer a settlement to the family to help cover expenses such as medical bills, funeral costs, and lost income.

Insurance plays a key role in providing compensation for wrongful death claims, whether through the defendant’s liability insurance, life insurance, or workers' compensation coverage. However, insurance coverage may not include every type of damage, and the amount of compensation available will depend on the specific circumstances of the case.

You should also note that insurance companies typically fight aggressively, and legal representation levels the playing field.

While it’s not legally required to have a lawyer for a wrongful death claim, it is strongly recommended. These cases can be complex, often involving detailed legal procedures, evidence gathering, and negotiations with insurance companies or opposing parties. Having an experienced attorney can help you navigate the process and improve your chances of recovering fair compensation.

Louisiana’s wrongful death laws include specific guidelines for who can file a claim, what damages may be available, and the timeframe for taking legal action. A lawyer can help ensure your claim meets all applicable legal requirements.

Demonstrating that negligence or intentional conduct caused a death requires strong evidence, such as accident reports, medical records, expert testimony, and witness statements. Morgan & Morgan’s attorneys know how to build a strong case.

Insurance companies may also try to reduce what they pay by offering low settlements or disputing liability. An attorney can negotiate on your behalf and help ensure your claim is fairly valued.

If a settlement cannot be reached, your case may proceed to trial. This process involves filing legal documents, presenting evidence, and making arguments in court. An experienced Morgan & Morgan attorney licensed to handle cases in Louisiana can manage these steps and advocate for your rights throughout the process.

Morgan & Morgan’s lawyers work on a contingency fee basis, meaning that there are no upfront fees or expenses until your case comes to a successful conclusion. That’s right—the Fee Is Free™, and you only pay if we win.

Our fee is a percentage of the settlement or verdict amount, ensuring we are motivated to achieve the best possible outcome for you.

We prioritize clear communication with our clients. You will primarily stay in touch with your Case Manager by phone and email, and if you would like to speak directly with your attorney, we can schedule a call to make that happen.

When you work with Morgan & Morgan on a Louisiana case, your claim is handled by a dedicated team of professionals, including personal injury attorneys, paralegals, and support staff. Backed by America’s Largest Injury Law Firm, our team has the resources and experience to handle complex cases.

You will be assigned a care team led by a primary attorney who oversees your case and ensures you receive consistent, personalized attention throughout the process.

At Morgan & Morgan, our attorneys have experience handling wrongful death claims and have represented many families in cases involving serious loss. Backed by America’s Largest Injury Law Firm, we have the resources, knowledge, and dedication to pursue accountability on your behalf.

We work on a contingency fee basis, which means you won’t pay anything unless your case is successful. The Fee Is Free™—you only pay if we win.

With attorneys licensed to handle cases in Louisiana, we understand how to navigate the legal process and address the challenges that can arise in wrongful death claims. Our firm has recovered $30 billion for clients nationwide and has the resources to take on large corporations, hospitals, and insurance companies.

You don’t have to carry this burden alone. If your family has lost someone due to negligence, you can contact Morgan & Morgan for a free case evaluation to learn more about your legal options.