A wrongful death can leave families facing difficult emotions, unanswered questions, and the challenge of navigating unfamiliar legal rules. Louisiana law sets out who may file a claim, what damages may be available, and the time limits involved. Having clear information early on can make an overwhelming situation feel more manageable.
A wrongful death attorney in New Orleans can explain how these laws apply to your situation and help you determine what steps may be available. The information below outlines how wrongful death claims work in Louisiana, common circumstances that lead to these cases, and how Charbonnet Law supports families through each stage of the process.
Louisiana law allows certain family members to pursue a wrongful death claim when a person dies due to the negligence, misconduct, or wrongful act of another party. These claims fall under Louisiana Civil Code §2315.2 and are designed to compensate surviving family members for the losses they experience because of the death.
In addition to a wrongful death claim, families may also pursue a survival action, which covers the damages the deceased suffered between the time of the injury and death. Both claims may apply in the same case, depending on the circumstances.
The laws can feel complex, but understanding the basic structure helps families prepare for what comes next.
Louisiana law sets a clear order for who can file a wrongful death claim. The right to file begins with the closest family members and moves outward only if no one in a higher category is living.
The order is:
Adopted children and adoptive parents are treated the same as biological family members. In some families, separation or strained relationships do not automatically affect eligibility.
Wrongful death cases arise in many different environments across New Orleans. The examples below reflect the most frequent situations.
Fatal collisions often involve drunk driving, distracted driving, speeding, or failure to follow traffic laws. These events remain a leading cause of wrongful death in Louisiana.
Construction, refinery, offshore, and industrial environments can involve equipment failures, falls, explosions, or other hazards that may result in fatal injuries.
Wrong diagnosis, delayed treatment, surgical mistakes, medication errors, and failures to monitor a patient’s condition are situations that may support a wrongful death claim.
Serious falls, medication errors, dehydration, and lack of supervision can lead to fatal outcomes in long-term care settings.
Crane accidents, vessel operations, offshore platform incidents, and cargo-handling injuries are common sources of fatal harm in New Orleans’ maritime economy.
Hotel incidents, rideshare crashes, festival injuries, and cruise-related events often involve individuals visiting the city, creating unique considerations for out-of-state families.
If you have questions about whether your family may have a claim, speaking with a wrongful death attorney in New Orleans can help you understand your options and the next steps under Louisiana law.
Wrongful death claims allow surviving family members to recover for the losses they personally experience as a result of the death.
Common damages include:
Each case is evaluated individually based on the circumstances and the relationship between the deceased and surviving family.
Louisiana recognizes two different types of claims after a wrongful death: a wrongful death action and a survival action. Each serves a different purpose, and together they help address both the family’s loss and the harm the deceased experienced.
A wrongful death action compensates surviving family members for what they have lost because of the death. This may include funeral expenses, loss of financial support, loss of companionship, and the emotional impact of losing a loved one.
A survival action focuses on what the deceased would have been able to claim if they had survived their injuries. This includes the pain and suffering they experienced before passing away, the medical treatment they received, and the wages they lost between the time of the injury and death.
Both types of claims may apply in the same case, and together they provide a more complete picture of the harm caused by the wrongful act.
Both wrongful death and survival actions in Louisiana must generally be filed within one year from the date of death. This period is known as the prescriptive period, and it runs whether or not the family has gathered all the information they need.
Because the timeline is short, beginning the process early can help preserve key evidence, maintain documents, and avoid missing the opportunity to file a claim.
Certain types of evidence can strengthen a wrongful death claim and help clarify what occurred.
Helpful supporting materials include:
Not every case requires all of these items. The goal is simply to gather information that provides a clearer understanding of what happened.
The process usually begins with an evaluation of what occurred, who may be eligible to file, and whether both a wrongful death action and a survival action apply. This stage helps outline the potential claims and the evidence needed for review.
From there, the investigation phase begins. This may involve collecting medical records, police or accident reports, photographs, insurance information, witness statements, autopsy findings, and any relevant safety or maintenance logs.
Communication with insurers and involved parties is handled to ensure information is presented accurately and consistently. When enough information is available, negotiations may begin with the responsible party or insurer. Some claims resolve during this stage. If an agreement cannot be reached, filing a lawsuit may be necessary.
Even after a lawsuit is filed, many matters settle before trial. The goal is always to reach a fair outcome based on the evidence and Louisiana law.
Charbonnet Law provides steady guidance to families navigating the legal and emotional challenges that follow a wrongful death.
Our role includes:
The goal is to offer support, structure, and clear information when families need it most.
Louisiana law allows spouses, children, parents, siblings, or grandparents to file in a specific legal order based on who survives the deceased.
Damages may include funeral costs, medical expenses, loss of financial support, loss of companionship, and other losses experienced by surviving family members.
Timelines vary based on evidence, the parties involved, and whether the case resolves through negotiation or litigation.
Legal guidance can help ensure the claim is handled correctly, evidence is preserved, and all potential forms of recovery are considered.
You can still pursue a claim. Many wrongful death cases involve tourists or out-of-state families, and the process can be handled remotely.
Only those legally eligible may file, but families typically work together within the eligibility structure set by Louisiana law.
If your family has lost a loved one and you are unsure about your options, a wrongful death attorney in New Orleans can help you understand your rights and evaluate your next steps. Charbonnet Law offers guidance during difficult times and helps families make informed decisions with clarity.
A free consultation is available if you would like to discuss your situation. To receive support and learn how Louisiana law applies to your case, contact Charbonnet Law today.
