Louisiana Wrongful Death FAQs

Losing a family member is always difficult, but when that loss is due to someone else’s wrongful act or negligence, the pain can be compounded by confusion about your legal rights and options. At Egenberg Trial Lawyers, our experienced Louisiana wrongful death lawyers are here to guide you through this challenging time. We’ve compiled a list of frequently asked questions to help you understand wrongful death claims in Louisiana.

What Is a Wrongful Death Claim in Louisiana?

A wrongful death claim is a civil action brought by the surviving family members of a person who has died due to the negligence or intentional act of another party. In Louisiana, wrongful death claims are governed by Louisiana Civil Code Article 2315.2, which states:

“If a person dies due to the fault of another, suit may be brought by the following persons to recover damages which they sustained as a result of the death:”

The statute then lists the eligible parties who can bring a wrongful death claim, which we’ll discuss in more detail below.

Who Can File a Wrongful Death Lawsuit in Louisiana?

Under Louisiana law, the following individuals have the right to file a wrongful death lawsuit, in order of priority:

1. The surviving spouse and children of the deceased
2. If there is no surviving spouse or children, the surviving parents of the deceased
3. If there are no surviving parents, the surviving siblings of the deceased
4. If there are no surviving siblings, the surviving grandparents of the deceased

It’s important to note that only one wrongful death action can be brought, even if there are multiple eligible beneficiaries. This is why it’s crucial to work with our experienced Louisiana wrongful death attorneys, who can ensure all eligible parties are properly represented in the claim.

What Is the Statute of Limitations for Filing a Wrongful Death Claim in Louisiana?

In Louisiana, the statute of limitations for filing a wrongful death lawsuit is typically one year from the day of the deceased person’s death. This is outlined in Louisiana Civil Code Article 2315.2(B), which states:

“The right of action granted by this Article prescribes one year from the death of the deceased.”

It’s crucial to be aware of this time limit, as failing to file within the one-year period can result in the loss of your right to seek compensation. Our Louisiana wrongful death lawyers strongly recommend contacting an attorney as soon as possible after the death to ensure your claim is filed within the legal time frame.

What Damages Can Be Recovered in a Louisiana Wrongful Death Claim?

In a wrongful death claim, the surviving family members may be entitled to various types of damages.

These can include:

1. Loss of love, affection, and companionship
2. Loss of financial support and services the deceased would have provided
3. Mental anguish and emotional distress
4. Medical expenses related to the deceased’s final injury or illness
5. Funeral and burial expenses
6. Loss of benefits (such as insurance or retirement benefits)
7. In some cases, punitive damages may be awarded if the death was caused by particularly egregious conduct

The specific damages available will depend on the circumstances of the case and the relationship between the deceased and the surviving family members. Our experienced Louisiana wrongful death attorneys can help you understand what types of compensation you may be entitled to in your specific situation.

What Evidence Is Needed to Prove a Wrongful Death Claim in Louisiana?

To successfully prove a wrongful death claim in Louisiana, you’ll need to establish several key elements:

1. The death of a person
2. The death was caused by another party’s negligence or intentional act
3. The surviving family members have suffered damages as a result of the death
4. There is a designated personal representative for the deceased’s estate

Evidence that may be used to prove these elements can include:

• Police reports and accident investigations
• Medical records and autopsy reports
• Eyewitness testimony
• Expert witness testimony (such as accident reconstructionists or medical experts)
• Financial records to demonstrate economic losses
• Photographs and video footage of the accident scene or dangerous conditions
• Documentation of the deceased’s earnings and future earning potential
• Employment records showing the deceased’s work history and potential career trajectory
• Personal records such as diaries or calendars demonstrating the deceased’s activities and family involvement
• Communication records (e.g., emails, text messages) that may provide insight into the circumstances surrounding the death
• Surveillance footage from nearby businesses or traffic cameras
• Maintenance records or safety logs (particularly in cases involving defective products or unsafe premises)
• Weather reports or road condition reports (for accidents involving environmental factors)
• Social media posts or online activity that may be relevant to the case

Our experienced Louisiana wrongful death attorneys know how to gather and present this evidence effectively to build a strong case on behalf of our clients.

What If the Person Responsible for the Death Faces Criminal Charges?

A wrongful death claim is a civil action that is separate from any criminal proceedings that may arise from the same incident. Even if the responsible party is facing criminal charges, you can still pursue a wrongful death claim. In fact, the outcome of a criminal case can sometimes be used as evidence in a civil wrongful death case.

However, it’s important to note that the standards of proof are different in criminal and civil cases. Criminal cases require proof “beyond a reasonable doubt.” On the other hand, civil cases use a “preponderance of the evidence” standard, which is less stringent. This means that even if a person is found not guilty in a criminal trial, they may still be held liable in a civil wrongful death case.

Contact Our Louisiana Wrongful Death Attorneys for a Free Consultation

If you’ve lost a loved one due to someone else’s negligence in Louisiana, don’t face this challenging time alone. Contact Egenberg Trial Lawyers today for a free consultation. Our experienced Louisiana wrongful death attorneys are ready to listen to your story, answer your questions, and help you understand your legal options. 

Call us at (504) 229-5700 to schedule your free case evaluation. Let us fight for the justice and compensation your family deserves.