By the Law Firm of Brandt & Sherman

Losing a loved one because of someone else’s negligence is one of the most devastating experiences a family can face. Louisiana law allows surviving family members to pursue a wrongful death claim when a person’s life is taken due to another party’s careless, reckless, or intentional actions. These claims help families seek accountability, financial support, and a measure of justice during an overwhelming time.

Understanding what legally qualifies as wrongful death can help you understand your rights and whether you may have a claim.

What Is Considered Wrongful Death in Louisiana?

A wrongful death occurs when a person dies because of the fault, negligence, or misconduct of another individual, business, or entity. Common examples include:

• Fatal car or truck accidents
• Drunk driving crashes
• Medical negligence
• Dangerous property conditions
• Offshore or workplace accidents
• Defective products or equipment
• Violent or intentional acts

Wrongful death claims are civil actions, separate from any criminal charges that may also apply. You can read more about these claims on the firm’s wrongful death page.

Who Can File a Wrongful Death Claim in Louisiana?

Louisiana law outlines a specific order of who is eligible to file:

1. Spouse and children
2. Parents, if there is no surviving spouse or child
3. Siblings, if there is no surviving spouse, child, or parent
4. Grandparents, if none of the above are alive

Each level has priority. If someone higher on the list is living, the next group cannot file.

Common Causes of Wrongful Death

Wrongful death can occur in many different situations. Some of the most common causes include:

Motor Vehicle Crashes

Fatal collisions involving cars, commercial trucks, or motorcycles often result from negligence such as speeding, distracted driving, or driving under the influence. You can learn more on the firm’s car accident page.

Drunk Driving Accidents

Impaired drivers pose a severe threat to everyone on the road. These cases can also involve punitive damages in certain situations. For more information, visit the firm’s drunk driving accidents page.

Premises Liability

Deaths caused by unsafe property conditions — such as unsafe structures, poor security, or hazardous walkways — may qualify for a wrongful death claim. The firm’s premises liability page explains how these claims work.

Workplace and Offshore Accidents

Industrial, construction, or offshore accidents can be catastrophic. Many involve employer negligence or unsafe working conditions. The firm’s offshore accident page covers these cases in more detail.

Medical-Related Incidents

Although not every medical outcome is avoidable, deaths caused by clear negligence — such as failure to diagnose, surgical errors, or improper treatment — may be considered wrongful death.

What Damages Can Families Recover?

A wrongful death claim may allow surviving family members to recover compensation for:

• Funeral and burial expenses
• Loss of financial support
• Loss of companionship, guidance, and love
• Medical bills for care provided before death
• Loss of household contributions or services
• Emotional pain and suffering

Families may also pursue additional claims in certain cases, such as survival actions, which compensate for the suffering the victim endured before passing.

How Long Do You Have to File a Wrongful Death Claim in Louisiana?

Louisiana has one of the shortest deadlines in the country. Families generally have one year from the date of death to file a wrongful death lawsuit. Missing this deadline can permanently prevent you from recovering compensation.

Because the timeline is strict, it is important to speak with an attorney as soon as possible.

Frequently Asked Questions

Is wrongful death the same as murder or manslaughter?

No. Criminal charges are separate from a civil wrongful death claim. A wrongful death case focuses on compensation for the family, not criminal punishment.

What if the at-fault person was not charged with a crime?

You can still pursue a wrongful death claim. Criminal charges are not required for civil liability.

Can multiple family members file separate wrongful death claims?

No. Eligible family members join together in a single claim based on Louisiana’s priority system.

What if my loved one suffered before passing away?

You may also be entitled to file a survival action, which compensates for the pain, suffering, and medical bills incurred before death.

Lost a Loved One? Brandt & Sherman Can Help.

No family should have to navigate a wrongful death case alone. Contact Brandt & Sherman for a free consultation. The firm fights for real people who need real help and will stand with your family every step of the way.