Hills Daniels & Associates
Wrongful Death Claims in Louisiana: Who Can File and What Can Be Recovered
Losing a loved one due to someone else's negligence is one of the most devastating experiences a family can endure. In the midst of grief, the last thing most families want to think about is a lawsuit. But understanding your legal rights — and acting within Louisiana's strict deadlines — may be the most important financial decision your family makes during one of the hardest times of your lives.
Louisiana law allows surviving family members to pursue a wrongful death claim when a loved one is killed due to another person's or entity's negligence. This claim is separate from — and in addition to — any survival action that may be filed on behalf of the deceased person's estate.
We Handle These Cases With the Care They Deserve
At Hills Daniels & Associates, we understand that no amount of money can replace a loved one. But holding the responsible party accountable — and securing the financial support your family needs — is something we pursue with complete dedication and compassion. Your consultation is always free. We are here when you are ready.
What Is a Wrongful Death Claim in Louisiana?
A wrongful death claim is a civil lawsuit filed by surviving family members against the person or entity whose negligence, recklessness, or intentional conduct caused their loved one's death. It is not a criminal case — it is a separate civil action designed to compensate the surviving family for their losses.
Wrongful death claims in Louisiana are governed by Civil Code Article 2315.2, which outlines who may file, what can be recovered, and how long survivors have to act.
Common causes of wrongful death claims include car and truck accidents, motorcycle accidents, slip and fall incidents, dog attacks, defective products, and criminal acts of violence.
Who Can File a Wrongful Death Claim in Louisiana?
Louisiana law establishes a strict order of priority for who may file a wrongful death claim. Only certain family members — in a specific order — have the right to bring this action:
First Priority
Surviving spouse and/or children of the deceased
Second Priority
Parents of the deceased — only if there is no surviving spouse or child
Third Priority
Siblings of the deceased — only if there is no surviving spouse, child, or parent
Fourth Priority
Grandparents of the deceased — only if no higher-priority survivors exist
Priority Is Strict — Not Flexible
If a higher-priority survivor exists, lower-priority family members generally cannot file a wrongful death claim — even if they were very close to the deceased. For example, if the deceased had children, the parents typically cannot bring a claim. An attorney can help you understand exactly where your family stands under Louisiana law.
Two Types of Claims — Wrongful Death and Survival Action
Louisiana law actually provides for two separate claims following a wrongful death — and both can be pursued simultaneously:
Wrongful Death Claim — Civil Code Art. 2315.2
This claim compensates surviving family members for their own personal losses resulting from the death — grief, loss of companionship, loss of financial support, and funeral expenses. It belongs to the survivors, not the deceased's estate.
Survival Action — Civil Code Art. 2315.1
This claim allows the deceased person's estate to recover damages the deceased would have been entitled to had they survived — including pain and suffering experienced before death, medical bills, and lost wages from the time of injury to death. It is filed on behalf of the estate and passes to heirs.
Pursuing both claims simultaneously — where applicable — is often critical to maximizing the total recovery for your family. An experienced attorney will evaluate both and file them together where appropriate.
What Can Be Recovered in a Louisiana Wrongful Death Claim?
Compensation in a wrongful death case falls into two broad categories — economic and non-economic damages:
| Type of Damages | What It Covers |
|---|---|
| Loss of financial support | Income and financial contributions the deceased would have provided to the family over their lifetime |
| Loss of companionship & love | The emotional loss of the relationship — especially important for surviving spouses and children |
| Loss of parental guidance | For surviving children who lost a parent's care, guidance, and support during their upbringing |
| Grief and mental anguish | The emotional suffering experienced by surviving family members as a result of the loss |
| Funeral and burial expenses | All costs associated with the funeral, burial, or cremation of the deceased |
| Medical expenses (survival action) | Treatment costs incurred between the accident and the death |
| Pain and suffering (survival action) | Physical and emotional suffering experienced by the deceased before death |
| Lost wages (survival action) | Income the deceased would have earned from the time of injury to the time of death |
The Deadline to File — Do Not Wait
Under Louisiana law, wrongful death claims must be filed within two years of the date of death. This deadline is strict — missing it by even one day permanently bars your family from seeking any compensation, regardless of how clear the negligence was.
While two years may seem like a long time, building a strong wrongful death case takes time. Evidence must be gathered, experts may need to be retained, and financial losses must be carefully documented. The sooner you contact an attorney, the stronger your family's position will be.
Don't Wait to Contact an Attorney
Insurance companies begin their investigation and defense immediately after a fatal accident. Every day that passes without your own legal representation is another day the other side has to build their case against yours. Contact Hills Daniels & Associates as soon as your family is ready — we will handle everything from there.
How Hills Daniels & Associates Handles Wrongful Death Cases
We understand that pursuing a legal claim is the last thing on your mind when you are grieving. That is exactly why we handle everything — so your family can focus on healing while we fight for the accountability and compensation you deserve.
- We conduct a full investigation into the cause of death and identify all liable parties
- We handle all communication with insurance companies and opposing attorneys
- We work with economic and medical experts to document and quantify your family's full losses
- We file both the wrongful death claim and survival action where applicable
- We negotiate aggressively for maximum compensation — and take the case to trial if necessary
- You pay nothing unless we win — there is zero financial risk to your family
You Pay Nothing Unless We Win
We handle wrongful death cases on a contingency fee basis. Your family pays absolutely nothing unless we recover compensation on your behalf. There is no financial risk in calling us — and there may be significant risk in waiting. Call (504) 641-0016 today.
Lost a Loved One Due to Someone Else's Negligence? We Can Help.
At Hills Daniels & Associates, we handle wrongful death cases across Louisiana with the compassion and aggressive advocacy your family deserves.
Our consultations are always free, and we never charge a fee unless we win your case. Call us today at (504) 641-0016 or fill out the form on this page when you are ready to speak with us.
Your Family Deserves Justice. We Will Fight for It.
Free consultation — no obligation, no upfront cost, no fee unless we win.
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