Partner at AKD Lawyers
Practice Areas: Personal Injury
One of the worst things a family may go through is losing a loved one suddenly. That pain can be even harder to bear when someone else’s carelessness or wrongdoing caused the death. In Louisiana, wrongful death laws give surviving family members a way to seek compensation for the losses they’ve suffered — both financial and emotional.
Understanding what kinds of damages can be recovered is key to deciding whether to pursue a claim. In this guide, we’ll break down the types of damages available in wrongful death cases, how Louisiana law defines who can file, and what steps are involved in seeking justice.
Understanding Wrongful Death in Louisiana
A wrongful death case is a civil lawsuit brought by the surviving family of someone who died due to another person’s negligence, recklessness, or intentional act. These lawsuits are different from criminal cases. Instead of seeking punishment, the goal is to recover compensation for losses.
Article 2315.2 of the Louisiana Civil Code states that a wrongful death claim must be submitted within a year after the death. If this date is missed, the claim may be completely denied.
Only certain family members are allowed to bring a wrongful death claim in Louisiana. The right to file follows a specific order:
- First, the surviving spouse and children
- If none, then the parents of the deceased
- If there are no parents, then the siblings
- If there are no siblings, then the grandparents
Each case is unique, and if you’re unsure of your rights, it’s best to speak with a personal injury attorney familiar with Louisiana law.
Categories of Damages Recoverable
Wrongful death damages are typically divided into two categories: economic and non-economic.
Economic Damages
These are the direct financial costs that come with a loved one’s death. They are easier to calculate and may include:
- Final medical bills related to the injury or illness that caused the death
- Funeral and burial expenses
- Loss of the deceased’s current and future income
- Loss of any expected inheritance
- Property damage, if it was part of the incident
Funeral costs in Louisiana average over $7,000 — not including hospital bills and lost income — creating a heavy financial burden on families after an unexpected loss.
Non-Economic Damages
These damages are less about money and more about the emotional impact of the loss. Though they’re harder to quantify, they’re just as important.
Common non-economic damages include:
- Pain and suffering the deceased experienced before death (through a survival action)
- Mental anguish and emotional trauma for surviving family members
- Loss of companionship, guidance, and emotional support
- Loss of enjoyment of life or the nurturing relationship with the deceased
According to the National Safety Council, the average economic cost of a preventable death was over $1.5 million in 2023, including medical costs, lost wages, and property damage.
Emotional and Psychological Damages
One of the most significant parts of a wrongful death lawsuit is the emotional toll it takes on the surviving family. These are not just cases about money — they’re about grief, suffering, and life-altering changes. While these damages are harder to prove, Louisiana courts do allow compensation for:
- Ongoing grief and sadness
- Depression or anxiety stemming from the loss
- Lost guidance for children
- The strain on family relationships caused by the death
These are considered non-economic losses and may be supported by expert testimony, such as from psychologists or therapists.
Real-Life Examples of Wrongful Death Cases
Wrongful death claims can arise from many different situations. Here are just a few examples:
- A pedestrian was struck and killed by a distracted driver
- A patient who died due to surgical negligence
- A worker was killed because of faulty machinery
- A child who drowned due to a lack of pool fencing
In each of these cases, the at-fault party could be an individual, a business, or even a government agency.
Who Can Be Held Liable?
Determining who is responsible for wrongful death isn’t always straightforward. The liable party could be:
- A reckless driver
- A negligent doctor or hospital
- A manufacturer of a defective product
- A bar that overserved an impaired driver (dram shop laws)
- A government entity that failed to maintain safe roads or warn of danger
Only specific individuals are allowed to file a wrongful death lawsuit in Louisiana. These include the surviving spouse, children, parents, siblings, and grandparents, in descending order of priority.
Some defendants may be immune from liability. For example, government agencies often have protection known as “sovereign immunity,” although there are exceptions. Drug manufacturers who make generic versions of FDA-approved medications may also be shielded from wrongful death claims in some instances.
Steps in Pursuing a Wrongful Death Claim
Filing a wrongful death lawsuit in Louisiana involves several steps:
- Act quickly: You only have one year from the date of death to file.
- Hire an attorney: A lawyer can help investigate the case and determine who may be liable.
- Gather evidence: This can include hospital records, police reports, wage statements, and witness accounts.
- Calculate damages: An attorney will use experts to estimate both financial losses and emotional impacts.
- File the lawsuit: Your lawyer will guide you through court procedures and negotiations.
Document everything and act swiftly. Waiting too long could make it harder to gather substantial evidence.
Economic vs Non-Economic Damages
Type of DamageExamples
|
Type of Damage |
Examples |
| Economic Damages | Medical bills, funeral expenses, lost wages, lost inheritance, property loss |
| Non-Economic Damages | Pain and suffering, loss of companionship, emotional distress, mental anguish |
Frequently Asked Questions
Who can file a wrongful death claim in Louisiana?
Depending on who survives, only the deceased’s spouse, children, parents, siblings, or grandparents can file. The law sets an order of priority that must be followed.
What is the statute of limitations for a wrongful death lawsuit in Louisiana?
You have one year from the date of death to file. If you miss this deadline, you may lose your right to seek compensation entirely.
Can emotional damages be claimed in wrongful death cases?
Yes. Family members can recover damages for grief, mental anguish, and loss of companionship. These are non-economic damages and vary by case.
Are wrongful death damages taxable?
Generally, damages for pain, suffering, and medical expenses are not taxable. However, some parts of a settlement may be. It’s best to consult a tax advisor.
Can multiple people file the same wrongful death lawsuit?
Yes, if more than one eligible family member exists, they may be entitled to the same claim. The court will decide how damages are divided.
Conclusion
Wrongful death lawsuits help families recover financially after an unexpected loss — but more importantly, they can provide closure and accountability. In Louisiana, you have the right to seek compensation for both the financial burden and emotional pain caused by your loved one’s death.
Each case is unique, and knowing your legal rights is essential to pursuing a claim. If you’ve lost someone due to someone else’s actions, it’s worth exploring your options. Please make an appointment for a free consultation with Alvendia, Kelly & Demarest Law Firm right now to find out how they can support your future.
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In 2003, after being dissatisfied with the quality of legal care for victims of car accidents, Roderick ‘Rico’ Alvendia sought to establish a new firm focused on providing high-quality legal services to aid injured victims and their families. J. Bart Kelly, sharing Rico’s passion for upholding justice, joined the firm later that year, and established a partnership.
