Partner at AKD Lawyers
Practice Areas: Personal Injury
Losing someone unexpectedly changes life in an instant. Along with grief, families often face sudden financial strain, unanswered questions and the challenge of understanding what Louisiana law allows them to recover after a wrongful death.
Families in Louisiana should understand the types of damages available, the difference between wrongful death and survival actions, and the evidence that helps support a claim. The information below is structured to give you clarity, direction and context.
Understanding Wrongful Death Under Louisiana Law
A wrongful death claim is a civil action brought when someone dies because of another person’s negligence, recklessness or intentional conduct. It is separate from any criminal case that may also be involved. Criminal cases focus on punishment, while wrongful death claims focus on the family’s losses.
Louisiana law has specific rules about who can file. The order is fixed by statute:
- First, the spouse and children
- If none exist, the parents
- If no parents, then siblings
- If no siblings, then grandparents
Only when a higher group has no surviving members does the right pass to the next. Louisiana also recognizes a second type of claim called a survival action, which focuses on what the deceased experienced before death. These are often filed together.
Louisiana recognizes both wrongful death and survival actions, allowing families to recover for their own losses and the suffering the deceased experienced before passing.
Because Louisiana has a one-year filing deadline, acting quickly helps preserve evidence and avoid losing the right to file.
Economic Damages: Financial Losses After a Wrongful Death
Economic damages represent measurable financial losses. They are usually easier to calculate because they rely on bills, receipts and financial records.
Common economic damages include:
- Medical costs related to the final injury or illness
- Funeral and burial expenses, which in Louisiana often exceed $7,000
- Loss of the deceased’s income, earning capacity and work benefits
- Loss of expected inheritance
- Property damage connected to the incident
- Loss of household services such as childcare, maintenance or caregiving
Courts often consider the deceased’s age, health, occupation and life expectancy when estimating long-term income loss. Economists may be involved to calculate lifetime earnings and benefits. Many competing articles leave out this detail, but it is a significant part of how damages are valued.
Non Economic Damages: Emotional and Relational Losses
Non economic damages focus on human losses that cannot be measured with bills or numbers. These losses often reflect the emotional impact of losing a loved one.
These can include:
- Mental anguish and grief
- Loss of companionship, emotional support and affection
- Loss of guidance and nurturing for children
- Changes in family relationships caused by the death
Courts consider emotional impact, family relationships and the deceased’s role when evaluating non economic damages.
These damages vary widely because every family’s experience is different. Courts look at testimony, family dynamics and the role the deceased played in daily life. Emotional damages are a meaningful part of many Louisiana wrongful death cases.
Damages Available Through a Survival Action
A survival action allows the family to recover damages the deceased could have claimed if they had survived. These damages focus on what the person endured before death.
They usually include:
- Pain and suffering the deceased experienced
- Medical expenses before death
- Lost wages between the injury and death
- Conscious fear or awareness of fatal harm
This area of law requires evidence that the person lived for any period, even briefly. Medical records, witness accounts and expert opinions help establish this. Many online resources skip the proof requirement, but it is essential in Louisiana law.
Determining Who May Be Liable in a Wrongful Death Case
Liability in wrongful death cases depends on the circumstances of the incident. Multiple parties may share responsibility.
Examples of potential liable parties include:
- Negligent drivers
- Property owners who failed to correct hazards
- Medical providers involved in negligent care
- Manufacturers of unsafe products
- Businesses involved in unsafe operations
- Government entities, subject to immunity rules
Louisiana also applies comparative fault. This means damages can be reduced if the deceased was partly responsible for the incident. Understanding this concept helps families estimate what compensation might look like.
Evidence That Helps Establish Damages
Strong evidence helps illustrate the full impact of a wrongful death. Clear documentation can help courts evaluate both financial and emotional losses.
Useful evidence may include:
- Medical records from the incident
- Financial documents showing wages, benefits or household contributions
- Expert reports such as economists or medical specialists
- Accident reports and supporting documents
- Statements from family, friends and therapists describing emotional impact
Documentation supports both economic and non economic damages. Courts rely heavily on concrete proof when determining appropriate compensation.
Comparison of Wrongful Death Damages
|
Type of Damage |
Examples |
Purpose |
| Economic Damages | Medical bills, funeral expenses, lost income, property loss | Compensate measurable financial losses |
| Non Economic Damages | Grief, loss of companionship, emotional distress | Address emotional and relational losses |
| Survival Action Damages | Pre death pain, medical treatment, lost earnings before passing | Compensate the deceased’s personal suffering |
Frequently Asked Questions
Who can file a wrongful death claim in Louisiana?
Spouses, children, parents, siblings or grandparents may file, but only in the order set by Louisiana law.
What is the difference between a wrongful death claim and a survival action?
Wrongful death compensates the family. Survival actions compensate for what the deceased suffered before passing.
How do courts calculate economic damages?
Courts review bills, wage records, benefits and expert economic analysis to determine measurable losses.
Can emotional losses be included in a wrongful death case?
Yes. Families may claim grief, loss of companionship and other mental anguish damages.
Conclusion
Wrongful death cases involve financial and emotional losses that families should understand clearly. Louisiana law outlines specific categories of damages, strict filing deadlines and detailed rules for determining who may file.
By learning how economic and non economic damages are evaluated, families can better understand their rights and the steps involved in seeking accountability.
If your family is facing the loss of a loved one, speaking with a New Orleans wrongful death lawyer at Alvendia, Kelly & Demarest Law Firm can help you understand your legal options and the path forward.
Reach out today to request your free consultation.
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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.
