Wrongful Death
Nothing about this makes it right. What the law can do is hold the people responsible to account, and make sure your family is not left carrying the cost of someone else's decision.
Two separate claims, both pursued
Louisiana Civil Code article 2315.2 gives the family a wrongful death claim for their own loss. Article 2315.1 gives a survival claim for what your loved one endured before death. They are distinct, and both belong in the case.
Who may bring it, and in what order
Louisiana sets classes in sequence: spouse and children, then parents, then siblings, then grandparents. A lower class has a claim only if no higher class exists. Getting this wrong ends a case on a technicality.
Two years, not one
For deaths on or after July 1, 2024, the prescriptive period is two years. Before that date it was one year. Some claims run shorter still, so the date matters more than the feeling that there is time.
The criminal case is not your case
A prosecution belongs to the state and compensates no one. The civil claim is separate, proceeds on its own proof, and does not wait for a verdict.
Not sure you have a case?
That is what the free review is for. Two minutes on the phone is usually enough to tell you.
Start your case in under 60 seconds
Tell us what happened. An attorney reviews it within 24 hours, and during business hours you will usually hear back in minutes.
- Free, with no obligation.
- You pay nothing unless we win money for you.
- Everything you share stays confidential.
- Photos and records help, but nothing is required.
