Losing a family member because of someone else’s negligence is one of the most devastating experiences a person can go through. On top of the grief, families are often left with financial burdens, unanswered questions, and uncertainty about what legal options are available to them.
Filing a wrongful death lawsuit in Louisiana is one way to hold the responsible party accountable and pursue the compensation your family needs to move forward.
At Anderson Blanda & Saltzman, our Lafayette wrongful death lawyers have helped families across Acadiana and the surrounding parishes pursue justice after losing a loved one. Here is what you need to know about the process.
What Is a Wrongful Death Claim in Louisiana?
A wrongful death claim is a civil lawsuit filed by surviving family members when a person dies as a result of another party’s negligence, recklessness, or intentional wrongful act. The claim exists separately from any criminal prosecution that might arise from the same incident. A wrongful death lawsuit seeks financial compensation for the losses the surviving family members have suffered as a result of the death.
In Louisiana, wrongful death claims are governed by Louisiana Civil Code Article 2315.2. This article identifies who may file the claim, what damages are recoverable, and when the lawsuit must be filed.
How the Filing Process Works
Filing a wrongful death lawsuit in Louisiana generally involves the following steps:
- A Lafayette personal injury attorney will review the facts of your case to determine whether a viable wrongful death claim exists, identify the proper plaintiffs, and assess what damages may be recoverable.
- Your attorney will conduct a thorough investigation, gathering evidence such as accident reports, medical records, witness statements, and expert opinions to establish the defendant’s liability.
- A formal petition is filed in the appropriate Louisiana district court, identifying the plaintiffs, the defendant, the legal basis for the claim, and the damages being sought.
- The case proceeds through discovery, during which both sides exchange evidence and take depositions. Many wrongful death cases are resolved through settlement negotiations during or after this phase. If a fair settlement cannot be reached, the case proceeds to trial.
Who Can File a Wrongful Death Lawsuit in Louisiana?
Louisiana law is specific about who has the right to bring a wrongful death claim, and it establishes a strict order of priority among family members. Only one class of beneficiaries may file, and that class is determined by who survives the deceased:
- Surviving spouses and/or children of the deceased have the first right to file.
- Surviving parents of the deceased may file if there is no surviving spouse or child.
- Surviving siblings may file if there is no surviving spouse, child, or parent.
- Surviving grandparents may file if none of the above parties survive the deceased.
This hierarchy means that if a surviving spouse or child exists, parents and siblings generally cannot file a separate wrongful death claim. Understanding where your family falls within this order is one of the first steps in pursuing a claim.
What Damages Are Available in a Louisiana Wrongful Death Claim?
Surviving family members who are eligible to file may recover compensation for the losses they personally suffered as a result of the death. These damages can include:
- Loss of love, affection, and companionship
- Loss of financial support and services the deceased would have provided
- Loss of guidance, counsel, and parental care, particularly in cases involving minor children
- Funeral and burial expenses
- Mental anguish and emotional suffering
The amount of compensation available depends on the specific facts of each case, including the relationship between the deceased and the surviving family members, the deceased’s age and earning capacity, and the circumstances surrounding the death.
What Is the Difference Between a Wrongful Death Claim and a Survival Action?
Louisiana law also recognizes a separate but related claim called a survival action, governed by Louisiana Civil Code Article 2315.1. While a wrongful death claim compensates surviving family members for their own losses, a survival action allows the family to recover damages the deceased person suffered between the time of the injury and the time of death, such as medical expenses and physical pain and suffering. Both claims can often be pursued simultaneously, and an experienced attorney can evaluate whether both apply in your situation.
How Long Do You Have to File?
Filing deadlines in Louisiana wrongful death cases are strictly enforced. Under Louisiana Civil Code Article 2315.2, the prescriptive period is one year from the date of death or two years from the date of the injury that caused the death, whichever is longer. Missing this deadline will almost certainly result in your case being dismissed, regardless of how strong your claim might be.
One important exception applies to wrongful death claims arising from medical malpractice. In those cases, the prescriptive period is one year from the date of death, with no two-year alternative. If medical negligence was involved in your loved one’s death, it is especially important to consult with an attorney as soon as possible.
Talk to a Lafayette Wrongful Death Attorney
Filing a wrongful death lawsuit while grieving is an enormous undertaking, and you should not have to navigate it alone. At Anderson Blanda & Saltzman, we bring more than 100 years of combined experience, a 99% success rate, and over $300 million recovered for our clients to every case we handle.
To discuss your family’s legal options, contact us through our contact page or call us at (337) 233-3366 to schedule a free consultation.