Losing someone you love is one of the hardest things your family will ever face. This situation is made even more difficult knowing that their passing is due to someone else’s negligence. When moving forward from these situations requires you to consider your legal rights and your family’s future, you may have to pursue a wrongful death claim under Louisiana law.
Before taking any steps or meeting with any representatives, surviving family members must first consult with a Louisiana wrongful death lawyer. They can explain your options, protect your family’s interests during conversations, and, when needed, represent you in court.
How Do I Recognize a Wrongful Death?
A wrongful death occurs when a person dies as a direct result of another party’s fault, negligence or intentional misconduct. Wrongful death cases are rooted in personal injury law. This is based on the fact that the injured person did not survive to bring the claim themselves, so their surviving family members may pursue it instead.
Common circumstances that lead to wrongful death claims in Louisiana include:
- Motor Vehicle Accidents: Car, truck, or motorcycle collisions
- Medical Malpractice: Errors in diagnosis, treatment, or surgical care
- Premises Liability: Fatal injuries caused by unsafe property conditions
- Defective Products: Dangerous manufacturing or design flaws
- Workplace Accidents: Fatal on-the-job injuries involving third-party negligence
Not every tragic death qualifies under Louisiana law. If you are uncertain whether your situation meets the legal threshold, speaking with a Louisiana wrongful death claim lawyer can help you determine whether you have a case.
Who Can File a Louisiana Wrongful Death Lawsuit?
Louisiana Civil Code Article 2315.2 establishes a specific order of priority for determining who is eligible to file a wrongful death claim:
- Surviving spouse and/or children of the deceased
- Surviving parents, if no spouse or child exists
- Surviving siblings, if no parent exists
- Surviving grandparents, if none of the above relatives exist
Family members in a higher-priority group can exclude those in a lower one. This means that if a surviving spouse and adult children exist, the deceased’s parents and siblings generally do not have standing to bring a separate claim.
Under Civil Code Article 2323, Louisiana follows a modified comparative fault system, which means that blame in an accident can be split among the involved parties, including the deceased. If your loved one bore some responsibility for the incident, your family’s recovery may be reduced proportionally.
As of January 2026, the modified comparative fault system means that anyone found to be at least 51 percent at fault cannot recover damages.
Have questions about whether your family qualifies? McGinity Law Firm offers free consultations. Call our Covington office at (985) 892-4444 or our New Orleans office at (504) 581-2222.
How Do You File a Wrongful Death Lawsuit in Louisiana?
Filing a wrongful death claim requires careful preparation and knowledge of Louisiana civil procedure:
- Consult an Attorney: A lawyer conducts an initial review of your case to identify liable parties and determine what compensation may be available.
- Investigate the Incident: Your legal team gathers accident reports, medical records, witness statements, and other types of evidence that can build the factual foundation of your claim.
- Navigate the Insurance Process: Most Louisiana wrongful death recoveries come through the at-fault party’s insurance coverage. Your attorney manages all communications with the insurer on your behalf.
- File the Petition: If a fair resolution cannot be reached, a formal petition is filed in the appropriate Louisiana court.
- Resolve the Claim: Cases can be settled either through negotiation or during a trial, depending on the evidence and circumstances.
An experienced wrongful death lawyer in Louisiana understands how insurance companies handle these claims. Adjusters and defense counsel begin building their position the moment a claim is reported, so having sound legal guidance throughout this process ensures your interests are protected.
Damages Covered in a Wrongful Death Lawsuit
Louisiana allows two categories of recovery to be pursued simultaneously:
Wrongful death damages compensate surviving family members for their personal losses:
- Funeral and burial expenses
- Lost financial support and future benefits that the deceased would have provided
- Loss of love, companionship, and guidance
- Grief, mental anguish, and emotional distress
Survival action damages are recovered on behalf of the deceased’s estate for losses that occurred before death:
- Medical expenses from the time of injury to death
- Lost wages during that period
- The deceased’s own pain and suffering
What a claim is ultimately worth depends on various factors:
- The specific circumstances of the death
- Who is at fault
- Available insurance coverage
- The financial role the deceased played in your household>
- The documented losses of each surviving family member
Every case is different, and no standard figure applies across all situations.
The Statute of Limitations: A Critical Deadline
Time is one of the most important factors in a wrongful death case. Under Louisiana House Bill 291, which took effect in August 2025, wrongful death claims must be filed within one year from the date of death or two years from the date the injury was sustained, whichever period is longer. Missing this window means losing the right to file altogether, regardless of how clear the fault may be.
Aside from this statute, filing a claim as soon as possible is also highly recommended because of what could be lost during a delay. Evidence can degrade, witnesses become harder to locate, and the opposing insurance team is already at work. Seeking a Louisiana statewide wrongful death lawyer as soon as possible allows them to act while the facts are still fresh.
Frequently Asked Questions
How long does a wrongful death case take to resolve?
There is no fixed timeline. Cases that settle through insurance negotiations may close in months. If no agreement is met, proceeding to trial can take longer. Your Louisiana wrongful death lawyer can give you a realistic estimate based on the facts of your situation.
Can my family still recover if the deceased was partly at fault?
It depends on the percentage of fault attributed to them. Under Louisiana’s modified comparative fault system, a plaintiff who is at least 51 percent at fault cannot recover any damages. If they are 50 percent or less at fault, you may be able to recover compensation, but at a reduced amount.
What should I do if an insurance company contacts me after my loved one’s death?
It is best to be cautious when speaking with insurance representatives. Before providing a recorded statement, accepting a settlement offer, or signing any documents, consult a wrongful death attorney. They can explain your rights and help protect your family’s interests by advising you on whether their settlement is fair.
Talk to McGinity Law Firm About Your Louisiana Wrongful Death Case
You do not have to face your loss alone. Led by Douglas McGinity, McGinity Law Firm has served families in Covington, Bogalusa, and throughout St. Tammany Parish and Washington Parish for over 20 years. We are ready to advocate for you and protect your family’s future.
Contact McGinity Law Firm today to schedule your free consultation. You can also call our Covington office at (985) 892-4444 or our New Orleans office at (504) 581-2222.
DISCLAIMER: The information on this page is for general educational purposes only and does not constitute legal advice. Case outcomes vary based on individual facts and circumstances. Please consult a qualified attorney for guidance specific to your situation.