Hills Daniels & Associates
Wrongful Death Claims in Louisiana: What Families Need to Know
Losing a loved one because of someone else's carelessness is one of the most devastating things a family can go through. In the immediate aftermath of such a loss, the idea of pursuing a legal claim may feel overwhelming — or even wrong. But understanding your rights under Louisiana law is not about money. It is about accountability, and about securing the financial stability your family needs to move forward.
Louisiana law provides surviving family members with the right to pursue a wrongful death claim when a loved one is killed due to another person's or entity's negligence. This guide is designed to help grieving families understand what that process looks like, who can file, and what kind of support is available.
We Are Here When You Are Ready
At Hills Daniels & Associates, we approach wrongful death cases with the sensitivity and compassion they deserve. There is no pressure and no rush. When your family is ready to speak with us, we will be here — and your consultation will always be completely free.
What Is a Wrongful Death Claim?
A wrongful death claim is a civil lawsuit brought by surviving family members against the person or entity whose negligence, recklessness, or intentional conduct caused their loved one's death. It is entirely separate from any criminal case that may arise from the same incident — and it can be pursued regardless of whether criminal charges are ever filed.
In Louisiana, wrongful death claims are governed by Civil Code Article 2315.2. The law is designed to compensate survivors for the very real losses they suffer as a result of losing their loved one — financial, emotional, and otherwise.
Common causes of wrongful death claims include fatal car and truck accidents, motorcycle crashes, pedestrian accidents, slip and falls, defective products, dog attacks, and criminal acts of violence where civil liability exists.
Who Has the Right to File in Louisiana?
Louisiana law establishes a clear priority order for who may bring a wrongful death claim. Only certain family members — in a specific sequence — are entitled to file:
First Priority
Surviving spouse and/or children of the deceased — they have the primary right to file
Second Priority
Surviving parents — only when there is no surviving spouse or child
Third Priority
Surviving siblings — only when there is no surviving spouse, child, or parent
Fourth Priority
Surviving grandparents — only when no higher-priority survivors exist
The Priority System Is Strict
If a higher-priority survivor exists, lower-priority family members cannot file a wrongful death claim — regardless of how close they were to the deceased. For example, if the deceased had adult children, the parents of the deceased generally cannot bring a claim. An attorney can clarify exactly where your family stands and what rights you have.
Two Separate Claims — Both Can Be Pursued
Many families don't realize that Louisiana law actually provides for two distinct legal claims after a wrongful death — and both can and should be pursued simultaneously where applicable:
Wrongful Death Claim — Civil Code Art. 2315.2
This claim belongs to the surviving family members personally. It compensates them for their own losses — grief, loss of companionship, loss of the financial support the deceased provided, and funeral expenses. The family members themselves are the claimants here, not the estate.
Survival Action — Civil Code Art. 2315.1
This is a separate claim filed on behalf of the deceased person's estate. It recovers damages the deceased would have been entitled to had they survived — including their own pain and suffering between the incident and their death, medical bills incurred during that time, and lost wages. It passes to the legal heirs of the estate.
Filing both claims simultaneously — where the circumstances allow — is often essential to recovering the full compensation your family is entitled to. An experienced attorney will evaluate both options and pursue them together on your behalf.
What Your Family Can Recover
A wrongful death claim in Louisiana can compensate your family for a wide range of losses — both economic and deeply personal:
| Type of Damages | What It Covers |
|---|---|
| Loss of financial support | The income and financial contributions your loved one would have provided over their lifetime |
| Loss of love & companionship | The deeply personal loss of the relationship — especially significant for surviving spouses and children |
| Loss of parental guidance | For children who lost a parent's presence, care, and involvement in their upbringing |
| Grief and mental anguish | The emotional suffering each surviving family member experiences as a result of the loss |
| Funeral & burial expenses | All costs associated with laying your loved one to rest |
| Medical expenses (survival action) | Treatment costs incurred between the accident and the death of the deceased |
| Pain & suffering (survival action) | What your loved one endured physically and emotionally before passing |
| Lost wages (survival action) | Income the deceased would have earned from the time of injury until their death |
What Families Should Know About the Process
We know that filing a lawsuit is the last thing on your mind right now. That is exactly the way it should be. Here is what the process generally looks like — and how we make it as simple as possible for grieving families:
Step 1 — Free Consultation, No Pressure
When your family is ready, you speak with one of our attorneys at no cost and with no obligation. We listen, we answer your questions, and we explain your options clearly. There is no pressure to move forward before you are ready.
Step 2 — We Handle the Investigation
We take over all evidence gathering — accident reports, witness statements, surveillance footage, medical records, and expert analysis. Your family does not have to worry about any of this. We handle it entirely on your behalf.
Step 3 — We Deal With the Insurance Companies
You will never have to speak directly to the at-fault party's insurance company. All communication goes through us. We know their tactics and we know how to fight back against efforts to minimize what your family is owed.
Step 4 — We Fight for Maximum Compensation
We work with economic experts, life care planners, and other specialists to document every element of your family's losses and build the strongest possible case. We negotiate hard — and we are fully prepared to take your case to trial if that is what it takes.
The Two-Year Deadline — Please Don't Wait Too Long
Under Louisiana law, wrongful death claims must be filed within two years of the date of your loved one's death. We understand that grief has no timeline — and we would never pressure a family to move before they are ready. But we do want you to know that this legal deadline exists, and that waiting too long can permanently eliminate your family's right to seek accountability and compensation.
The sooner we are able to begin, the stronger your case will be. Evidence is preserved, witnesses are available, and the full picture of your family's losses can be properly documented. Please reach out when you are ready — we will be here.
The Other Side Is Already Working Against You
From the moment a fatal accident occurs, the at-fault party's insurance company has investigators and attorneys building their defense. Every day without legal representation is another day they have an advantage. You don't have to act today — but knowing your rights and having an attorney ready to move when you are is one of the most important things you can do for your family.
Frequently Asked Questions
Can we file a wrongful death claim even if there was no criminal charge?
Yes. A wrongful death claim is a civil matter entirely separate from the criminal justice system. You do not need a criminal conviction — or even a criminal charge — to pursue a civil wrongful death claim. The standard of proof in a civil case is lower than in criminal court, meaning it is often possible to win a civil claim even when criminal charges were not filed or did not result in a conviction.
What if our loved one was partly at fault for the accident?
Louisiana follows a comparative fault system, which means your family can still recover damages even if your loved one shared some responsibility for the accident. Your recovery would be reduced by their percentage of fault — but not eliminated. An attorney can evaluate the specific facts and give you a realistic picture of what your family may be entitled to.
How long does a wrongful death case take?
Every case is different. Some cases resolve through settlement within months. Others that involve disputed liability or significant damages may take longer. We keep families informed throughout the process and always work toward the most efficient resolution that still achieves the best possible outcome.
What does it cost to hire Hills Daniels & Associates?
Nothing upfront — and nothing at all unless we win. We handle wrongful death cases entirely on contingency, meaning our fee comes only from the compensation we recover for your family. If we do not win, you owe us nothing.
Your Family Deserves Justice
No legal outcome can undo what your family has been through. But holding the responsible party accountable — and securing the financial support your family needs — is something we pursue with complete dedication on your behalf. Call us when you are ready. We will handle everything from there.
We Are Here for Your Family.
At Hills Daniels & Associates, we handle wrongful death cases across Louisiana with the compassion, dedication, 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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