Losing a loved one is an absolutely devastating experience, particularly when your loved one’s passing could have—and should have—been prevented. In Louisiana, the law allows certain people to file a wrongful death claim when their loved one passes away due to the negligent or wrongful conduct of another.

The right to file a wrongful death claim is granted to specific surviving family members, prioritized as follows:

Spouse and Children: The first in line to file a wrongful death claim are the deceased’s surviving spouse and children, prioritized equally. This includes biological children, as well as legally adopted children.
Parents: If there is no surviving spouse or children, the deceased's parents are granted first priority when it comes to filing a wrongful death claim.
Siblings: In the absence of a spouse, children, or parents, the deceased's siblings may file a wrongful death claim.

If none of the above relatives exist, the law allows for a person “related by blood or affinity” to the deceased to file a claim, though this is less common and often requires a demonstration of financial dependency on the deceased. It’s important to note that only one wrongful death claim can be filed, and the entitled family members may need to work together to pursue the claim.

While nothing can undo the tragedy you and your family have gone through, a wrongful death claim can allow you to recover compensation for unexpected losses associated with your family member’s death, such as medical bills, funeral costs, lost income, and more. Maintaining financial security during this extremely challenging time can provide the breathing room you need as you navigate the healing process.

Circumstances That May Give Rise to a Wrongful Death Claim

Wrongful death claims arise from a variety of circumstances. In general, if someone dies as a result of negligence or wrongful conduct, such as an accident or act of violence, the death is considered “wrongful” and eligible family members may file a wrongful death claim against the responsible party or parties.

Common scenarios include:

Car Accidents: Negligent driving, such as distracted driving or driving under the influence, can result in fatal accidents. In such cases, the at-fault motorist can be held liable.
Medical Malpractice: If a healthcare professional fails to provide adequate care, resulting in the patient's death, a wrongful death claim may be appropriate.
Nursing Home Abuse or Neglect: Inadequate or negligent nursing home care can lead to death. When this happens, the nursing home or another party could be responsible.
Workplace Accidents: Fatal injuries that occur on the job due to unsafe working conditions or employer negligence can give rise to a wrongful death claim.
Defective Products: If a product malfunctions or is inherently dangerous, leading to death, the manufacturer or seller may be held liable.
Unsafe Property Conditions: If dangerous or defective conditions lead to deadly incidents, such as drowning or fatal falls, the property owner could be liable.
Violent Crimes: Deaths resulting from acts of violence, such as assaults or homicides, may also lead to wrongful death claims against responsible parties.

Time Limits for Filing a Wrongful Death Lawsuit in Louisiana

In Louisiana, the statute of limitations for filing a wrongful death lawsuit is generally one year from the date of the deceased’s death. This is a strict deadline, and failing to file within this time frame may result in losing the right to pursue a claim. If you believe you may have a claim, you should consult with a knowledgeable wrongful death attorney right away to ensure that all necessary documentation and legal processes are initiated in a timely manner.

Seeking Justice Through a Wrongful Death Action

A wrongful death claim is not just about recovering money; it’s about seeking justice for your loved one and making sure the liable party is held accountable. No one should have to worry about being involved in a fatal workplace accident or being killed by a drunk driver on their way home from work, but, tragically, these things happen. Nothing can bring your loved one back, but a successful lawsuit against the person or party responsible for their death can bring a sense of closure and justice to you and your family.

Losing a loved one suddenly can also leave you dealing with a number of financial hardships, from expensive medical bills associated with your loved one’s care to lost income resulting from the loss of your family’s primary breadwinner. Navigating these challenges in addition to your emotional suffering can feel overwhelming.

A successful wrongful death claim can result in various types of damages for the surviving family members, including:

Economic Damages: These include measurable financial losses, such as funeral and burial expenses, medical bills incurred prior to death, lost wages, and loss of future earnings.
Non-Economic Damages: These damages account for intangible losses, such as emotional pain and suffering, loss of companionship, and loss of guidance or support.
Loss of Consortium: Surviving spouses may also seek damages for the loss of companionship and affection, known as loss of consortium.
Punitive Damages: In very rare cases, Louisiana law allows claimants to recover punitive damages, which are intended to punish defendants and help deter similar conduct.

Navigating the legal landscape after the tragic loss of a loved one can be overwhelming, but understanding your rights can allow you to take informed steps during this difficult time. If you believe you have a wrongful death case, you should consult with an experienced personal injury attorney who can guide you through the legal process, advocate for your rights, and help you seek the justice and compensation your family deserves. Remember, you’re not alone in this journey; legal support can make all the difference in achieving a measure of peace and closure.