Losing a loved one due to another person’s negligence or active malice can be a heart-wrenching experience. Depending on your relationship with the person, you may be able to file a wrongful death claim against the party responsible for their passing. While nothing will bring back your loved one, seeking compensation for your loss can help to ease some of the burdens caused by their wrongful death. The question is, who can file a wrongful death lawsuit in Louisiana?
Parties That Can File Wrongful Death Claims
Louisiana only allows certain people to file wrongful death claims. They include surviving family members. You may be able to file a claim if you are a surviving:
- Spouse
- Child
- Father
- Mother
- Brother
- Sister
- Grandmother
- Grandfather
There is a specific hierarchy to who is allowed to file a claim. Siblings can only file wrongful death claims if there are no surviving spouses or children. Grandparents can only file wrongful death claims if there are no surviving siblings, either.
If no surviving relatives exist, the executor of the deceased’s estate may be able to file a claim instead.
Common Types of Wrongful Death Claims
There are many potential causes of wrongful deaths in the Pelican State. In 2025, 758 people were killed in motor vehicle crashes alone, and these constitute just one of the most common types of wrongful death actions. Some of the most common types of claims involve:
- Motor vehicle accidents
- Drownings
- Boating accidents
- Workplace accidents
- Violent attacks
- Medical malpractice
- Defective products
- Premises liability
- Elder abuse
- Nursing home neglect
- Dog bites
Even if your loved one’s death does not fall into any of these categories, you may still have cause to file a wrongful death claim if they were killed by another person’s negligence or intentional action.
How a Lawyer Can Help You?
Your lawyer can help you with every step of the claim-filing process. They can:
- File the initial paperwork to initiate your wrongful death claim
- Collect evidence such as medical records and accident reports
- Determine the case’s viability
- Interview witnesses to gather firsthand accounts
- Review critical documents
- Consult with professional witnesses
- File depositions, interrogatories, and document requests
- Identify 100% of the damages to which you are entitled
- Negotiate a settlement offer with the liable party’s insurance company
- Advise you on whether a settlement offer made is fair
- Represent you in court should the case proceed to trial
Hiring a lawyer is the most effective way to make sure you don’t miss out on damages and can negotiate a fair settlement. Working with an attorney can also give you extra time to focus on things like commemorating your loved one’s life and finding ways to move on.
Steps in Filing a Wrongful Death Claim
There are several actions your lawyer can take during the filing of a wrongful death claim:
- Initial consultation. You’ll answer some basic questions about the case to determine whether you have a viable claim.
- Investigation. Your attorney can analyze key evidence such as witness statements, photographs, and medical records.
- Filing the claim. Your attorney can file the claim on your behalf.
- Discovery. Your attorney can file depositions, interrogatories, and document requests to get access to all of the relevant information.
- Negotiation. Your attorney can attempt to negotiate a fair settlement with the liable party’s insurance company.
- Trial. If a settlement agreement can’t be reached, your case may go to trial.
In most cases, wrongful death claims don’t need to go to trial. They can be settled successfully outside of court. Your attorney uses the information they gather during the investigative and discovery stages as leverage to negotiate a fair settlement on your behalf.
FAQs
Who Can File a Claim for Wrongful Death in Louisiana?
The people who can file a claim for wrongful death in Louisiana include surviving family members and, if there are no close surviving family members, executors of the estate. There is a specific hierarchy that must be followed. It includes spouses, children, parents, siblings, and grandparents. A Louisiana wrongful death attorney can help you determine whether you are eligible to file a claim.
What Are the Four Things You Need to Show to Prove Negligence?
The four things you need to show to prove negligence are duty, meaning that the liable person held a duty of care to your loved one; breach, meaning that they failed to uphold their duty; causation, meaning that the failure led to your loved one’s death; and damages, meaning that you suffered compensable harm as a result of their death.
How Much Is a Wrongful Death Claim Worth in Louisiana?
How much a wrongful death claim is worth in Louisiana varies depending on the specifics of the claim. Your final settlement amount is determined by factors such as the deceased’s earning capacity, the loss of companionship for survivors, and expenses incurred before and after the death. There is no cap on wrongful death claims in Louisiana, with the exceptions of medical malpractice claims and claims against some government entities.
Can I File a Claim for Emotional Distress Following a Wrongful Death in Louisiana?
You can file a claim for emotional distress following a wrongful death in Louisiana. Emotional distress, also called mental anguish, is a non-economic damage within a wrongful death claim. You can also claim damages for loss of love, companionship, and emotional pain. You just need to be able to prove that the defendant’s negligence led to your loved one’s death and that it is causing ongoing significant distress.
Hire a Wrongful Death Lawyer Today
If you’re the surviving family member of someone who was killed due to another person’s negligence, you may be able to file a wrongful death claim against that person to recover compensation for both economic and non-economic damages. You can hire a wrongful death lawyer to help you with all aspects of claim filing.
The Gauthier & Granger legal team is here and ready to help you with your wrongful death claim. We have a reputation for providing compassionate, client-centered legal services and assisting with even complex claims. If you have questions about your eligibility to file or want to get the process started, you can contact us to schedule an initial consultation today.
