- 01Why Clients Trust Us With Their Wrongful Death Claims
- 02Understanding Louisiana Wrongful Death Actions
- 03What is the Statute of Limitations for a Louisiana Wrongful Death Claim?
- 04Do I Have the Right to File a Wrongful Death Action?
- 05How Much Compensation Can I Recover in a Louisiana Wrongful Death Suit?
- 06How Can a Louisiana Wrongful Death Attorney Help?
- 07Contact Us
Why Clients Trust Us With Their Wrongful Death Claims
- We value every client and treat them with respect and dignity.
- Our Christian values are the foundation of the compassionate support we provide our clients.
- We have decades of experience recovering maximum compensation for wrongful death clients.
- We have recovered billions of dollars for our clients.
Understanding Louisiana Wrongful Death Actions
Louisiana Civil Code Article 2315.2 gives the right to certain family members to file a wrongful death suit against a party whose fault caused the death of a loved one.
A wrongful death action seeks to recover damages sustained by the surviving loved ones of the deceased person.
The following people are given the right to bring a wrongful death action:
- The decedent’s surviving spouse and children or either the surviving spouse or the children.
- If there is no surviving spouse or children, the decedent’s surviving mother and father or either of them.
- If there is no surviving spouse, child, or parent, the decedent’s surviving brothers and sisters.
- The decedent’s surviving grandmothers and grandfathers if there are no surviving spouse, child, parent, or siblings.
No other parties may file a Louisiana wrongful death action.
What is the Statute of Limitations for a Louisiana Wrongful Death Claim?
A statute of limitations sets the deadline for filing a claim. If you miss your deadline, you cannot recover compensation.
The Louisiana wrongful death statute provides: “The right of action granted by this Article prescribes one year from the death of the deceased.”
So, the deadline for a wrongful death action in Louisiana is one year from the date of the decedent’s death. Note that it is not one year from the date of the accident or injury that caused their death, but one year from the date your loved one died.
Do I Have the Right to File a Wrongful Death Action?
If you are one of the parties listed in the statute, which is set forth above, you may be able to bring a wrongful death action. You should consult an experienced Louisiana wrongful death attorney if you believe you may have a right to file a claim.
How Much Compensation Can I Recover in a Louisiana Wrongful Death Suit?
The type and amount of compensation you can recover in a wrongful death action depends on the specifics of your case. Some types of compensation in a wrongful death suit may include:
- Funeral and burial expenses
- The loss of future income and financial support the decedent would have provided.
- Loss of consortium, companionship, and parental guidance
- Emotional and mental anguish
- Loss of inheritance
If your loved one survived for a time after the accident that caused their injuries, you may be able to file a “survival action” in addition to a wrongful death action.
Louisiana Civil Code Article 2315.1 provides the right to bring a survival action. It states:
“If a person who has been injured by an offense or quasi offense dies, the right to recover all damages for injury to that person, his property, or otherwise, caused by the offense or quasi offense, shall survive for a period of one year from the death of the deceased….”
A survival action seeks compensation for the damages and losses sustained by the deceased before they died. It is the same action that the deceased person could have filed had they survived.
The same family members as those in a wrongful death action may bring a survival action, and a succession representative of the deceased may also bring it.
Compensation that may be recoverable in a survival action includes:
- Medical expenses incurred from their injuries before death.
- The deceased’s pain and suffering.
- Lost wages from the time of the accident until their death.
How Can a Louisiana Wrongful Death Attorney Help?
- Having an experienced wrongful death attorney representing you allows you to be able to grieve without worrying about the numerous details of a lawsuit.
- When represented by an experienced Louisiana wrongful death attorney, you will almost always recover greater compensation.
- An experienced Louisiana wrongful death attorney can investigate the accident that caused your loved one’s death to identify all possible causes and potentially liable parties to maximize your compensation.
