Step-by-Step: How to File a Louisiana Wrongful Death Lawsuit

Losing a loved one due to another person’s negligence or wrongdoing is one of the most devastating experiences a family can endure. When such a loss occurs, filing a lawsuit may be the last thing on your mind. However, recovering compensation can help ease some of the burdens caused by your loved one’s death. 

You should promptly consult an experienced wrongful death attorney in Baton Rouge to understand and protect your rights. At Chris Corzo Injury Attorneys, we will meet with you at no charge to determine whether you have the right to file a claim and answer your questions. If we take your case, our personal injury lawyers will fight tirelessly to recover maximum compensation for you.

Call us today at (225) 999-1111 or visit our contact page and schedule a free consultation.

Filing a Louisiana Wrongful Death Claim

Louisiana law gives survivors the right to file a wrongful death claim when their loved one’s death was caused by another party’s negligence or wrongful action. Those who have that right include the surviving spouse, children, parents, siblings, or grandparents of the decedent.

If you believe you may have the right to file a wrongful death claim in Louisiana, you should take the following steps:

1. Consult an Experienced Baton Rouge Wrongful Death Attorney. During the initial consultation, a wrongful death lawyer will listen to the facts of the case, evaluate whether there is a viable claim, identify who has standing to file the suit, and determine which deadline applies.
2. Preserve the Evidence. Vital evidence can be destroyed or lost quickly. At Chris Corzo Injury Attorneys, we take swift action to preserve and collect evidence while it is still available, including video surveillance footage, body and dashcam footage, photographs, physical evidence from the accident scene, vehicle black box data, and more. It is also critical that the death certificate accurately reflects the cause of death and should be dealt with quickly.
3. Begin Building Your Strongest Claim. Before your lawsuit is filed, you need to understand exactly why the defendant is legally responsible for your loved one’s death and how you will prove it. You will need to identify all possible causes and potentially liable parties, potential witnesses, and evidence. Our Baton Rouge wrongful death lawyers will carefully investigate the incident that caused your loved one’s death, interview witnesses, and uncover evidence to build your strongest legal strategy.
4. Identify the Correct Court and Venue for Your Lawsuit. You must ensure you file your suit in a court of competent jurisdiction. The general venue rule in Louisiana law is that the defendant can be sued in the parish where they are domiciled or in the parish where the wrongful act occurred, or damages were sustained. It is critical that the venue is handled correctly right from the start.
5. Draft and File the Petition for Damages. The petition is the formal legal document that starts the lawsuit. In Louisiana, petitions must contain a clear and concise statement of the cause of action and a prayer for the specific relief being requested. The petition is filed with the clerk of court in the appropriate parish, assigned a docket number, and the filing fees are paid. Filing stops the prescriptive period from running.
6. You Must Have the Defendant Served. The petition and citation must be served on the defendant within 90 days of filing it, or it will have no effect.
7. Handle Contact With the Insurer. Both before and after the filing, you need to be careful in dealing with the defendant’s insurer. They may ask you for a recorded statement, and they will certainly use tactics to get you to settle your claim for far less than its actual value. You need an experienced Baton Rouge wrongful death attorney to handle the insurance companies and protect your rights.
8. Conduct Discovery. Discovery is essential to building your best case. Discovery includes interrogatories, requests to produce documents, depositions, subpoenas, and more. An experienced wrongful death attorney can skillfully handle the discovery process to your advantage.
9. Resolution. You will either be able to negotiate a fair settlement of your claim, or you will need to go to trial. You should never accept a settlement offer until you have had your damages established and accurately valued. At Chris Corzo Injury Attorneys, our wrongful death attorneys in Baton Rouge often work with expert witnesses to do this, so you will know what your claim is truly worth.

Schedule a Free Consultation With Our Baton Rouge Wrongful Death Lawyers

If your loved one died due to another party’s negligence or wrongdoing, our wrongful death attorneys want to help you. We have the experience, skills, and resources to help you secure the full compensation you are entitled to.

Call our compassionate Baton Rouge wrongful death lawyers at (225) 999-1111 or complete the short form on our contact page to schedule a free consultation.