What Is a Wrongful Death Claim
Under Louisiana Civil Code Article 2315.2, a wrongful death occurs when a person dies as a result of someone else’s:
- Negligence:
Carelessness or failure to act responsibly (e.g., reckless driving, workplace safety violations) - Intentional acts:
Crimes or deliberate wrongdoing (e.g., assault, homicide) - Strict liability:
Holding a party accountable without proving intent or negligence (e.g., defective products)
A wrongful death claim allows surviving family members to recover compensation for their losses. Whether the cause of death was a car accident, medical malpractice, or a defective product, our Shreveport wrongful death lawyers are prepared to investigate every detail of your case.
Louisiana Wrongful Death Claims, Explained
In the wake of your loss, pursuing a wrongful death claim may be overwhelming. We’ll keep you informed at every step of the case with clear explanations of what is happening and what will happen next. At no point will you not know what’s going on with the case. Here’s what you should know before starting.
Who Can File a Wrongful Death Claim
Louisiana law strictly defines who has the right to file a wrongful death claim, so only specific family members may pursue compensation for their loss. The order of priority includes:
- Surviving spouse and children:
These individuals are first in line to file. - Parents of the deceased:
If no spouse or children survive, the parents can pursue the claim. - Siblings of the deceased:
If no spouse, children, or parents survive, siblings can file. - Grandparents:
In the absence of a spouse, children, parents, or siblings, surviving grandparents may pursue the claim.
This hierarchy makes sure that claims are filed by those most closely connected to the deceased.
Time Limit for Filing Wrongful Death Claims
Louisiana sets a strict deadline for filing a wrongful death claim. In Louisiana, this time limit is called a “liberative prescription,” but more commonly known as a statute of limitations in other jurisdictions. Determining the deadline can be complicated and depends on both the date of death and the date of the underlying injury. Because the rule is easy to miscalculate, don’t wait to confirm your exact filing window with our team.
- The 1-Year Rule: Under La. Civ. Code Art. 2315.2, the clock begins on the exact date of the deceased’s death, not the date of the underlying accident.
- Medical Malpractice Claims: Wrongful death claims stemming from medical malpractice also carry a one-year limit, but are capped by an absolute three-year maximum from the date of the alleged negligent act.
- The deadline may be paused if the cause of death wasn’t immediately apparent or if the liable party actively concealed evidence.
- If a minor loses a loved one caused by the negligence of another, the wrongful death statute of limitations filing deadline doesn’t start running until the minor turns 18 years of age. The one-year deadline to file a wrongful death lawsuit would begin on the minor’s 18th birthday.
Missing this deadline usually means losing your right to seek compensation entirely, so start your claim as soon as possible and let us build your case while the evidence is still fresh.
Comparative Fault
A new comparative fault law in Louisiana took effect on Jan. 1, 2026. Now, if a plaintiff is found to be 51% or more at fault, their recovery is reduced to zero. However, the jury is to be told about the effect of finding the plaintiff 51% at fault. If you are determined to be 50% or less at fault, you can still recover damages, but your compensation is reduced by your exact percentage of fault. Additionally, a plaintiff injured by an intentional tort shall not have his recovery reduced, even if his own fault exceeds 51%.
Survival Action
Under Louisiana Civil Code Article 2315.1, families can file a survival action to recover damages for the pain and suffering endured by their loved one before death.
This claim is separate from a wrongful death claim and seeks compensation for the physical and emotional pain the deceased experienced between the injury and their passing. With a survival action, your loved one’s pain and suffering counts toward the case, too.
Proving a Wrongful Death Claim in Louisiana
To recover compensation, your family must show four things. Louisiana negligence law requires proof of duty, breach, causation, and damages.
- Duty:
The at-fault party owed your loved one a duty of reasonable care: a driver’s duty to obey traffic laws, or a property owner’s duty to keep the premises safe. - Breach:
The at-fault party failed that duty, whether through speeding, ignoring a known hazard, or another careless act. - Causation:
That failure directly caused your loved one’s death. - Damages:
Your family suffered real, provable losses as a result.
Insurance companies rarely concede all four without a fight. That’s where we come in. Rice & Kendig Injury Lawyers build each piece of your case with police reports, medical records, expert testimony, and independent investigation, so there’s nothing left for the other side to exploit.
Common Causes of Wrongful Death Cases We Handle
Losing a loved one is a profound tragedy, especially when it stems from preventable negligence. Below are some of the most common causes we handle, each of which requires thorough investigation and relentless advocacy to achieve justice for grieving families.
Necessary Steps to Take After Losing a Loved One
Taking certain proactive steps can protect your claim and help your legal team build a strong case on your behalf.
Secure Key Documents
Gathering key documents is essential to building a strong case. Collect medical records, the death certificate, accident reports, and any other evidence related to the death. If you’re unsure what’s needed, we’re here to help you identify and obtain the necessary paperwork.
Avoid Insurance Company Pressure
Insurance companies often try to pressure grieving families into accepting low settlements. Don’t give statements or agree to any offers without consulting an attorney first. We’ll handle all communication with insurers.
Document Financial Impact
Losing a loved one can result in significant financial strain. Keep records of all expenses, including:
- Medical bills
- Funeral costs
- Lost income
- Household services that need replacement
Having documentation of your financial losses can serve as valuable evidence when your lawyer determines the compensation you may be able to receive.
Seek Emotional Support
Grief is a heavy burden, and emotional support can make all the difference. Consider grief counseling or joining a support group to help your family cope during this difficult time. We can connect you with trusted local resources that provide comfort and guidance.
Consult an Attorney as Early as Possible
Early legal guidance protects your rights and preserves key evidence. The sooner you consult our Shreveport wrongful death attorney, the stronger your case will be. We’re here for every step of the legal process so you can focus on healing.
Types of Compensation Available in Wrongful Death Claims
Wrongful death claims address both the financial and emotional losses suffered by surviving family members. At Rice & Kendig Injury Lawyers, we pursue full compensation to cover:
Economic Damages
- Medical bills:
Costs incurred before death, including surgeries, hospitalization, and medications - Funeral and burial costs:
Expenses for funeral arrangements, burial, or cremation - Loss of financial support:
Compensation for lost wages, future income, and benefits your loved one would have provided
Non-Economic Damages
- Loss of companionship:
The emotional loss of a spouse, parent, or child - Pain and suffering:
Addressing the emotional grief and mental anguish of surviving family members - Loss of guidance:
Compensation for the loss of parental care, advice, and nurturing
Punitive Damages
Louisiana law does not generally allow punitive damages. The clearest exception applies to deaths caused by a drunk driver, where the law permits an added award meant to punish the at-fault party on top of standard compensation.
Our team works closely with economists, medical experts, and life care planners to calculate the full extent of your losses and secure every dollar your family deserves.
Struggling After Your Accident? We're Here to Help.
At Rice & Kendig, our Shreveport wrongful death lawyers have more than 40 years of experience helping clients receive the justice and compensation they deserve. Get your free case review now!
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