Losing a loved one due to someone else’s negligence or misconduct is a devastating experience. At Falcon Law Group, we understand the pain and confusion families face during this time. Our compassionate and experienced team is here to guide you through the legal process, providing personalized support and aggressive advocacy. Se Habla Español.
Understanding Wrongful Death Claims
A wrongful death claim can be initiated when a person dies due to the negligence or misconduct of another individual or entity. In Louisiana, these claims allow surviving family members to seek compensation for damages resulting from the loss. Key elements include:
- Proof of negligence or wrongful act
- Breach of duty by the responsible party
- Quantifiable impact of the loss on the surviving family members
At Falcon Law Group, we approach these cases with empathy and analytical expertise, helping families in Louisiana find justice and closure.
Common Injuries That May Result in Wrongful Death
Wrongful death claims in Louisiana often arise from injuries caused by negligence, recklessness, or intentional acts. The most common types of injuries leading to wrongful death include:
- Car and Truck Accidents: Fatalities from collisions involving cars, trucks, motorcycles, and commercial vehicles are among the leading causes of wrongful death. These accidents often result from drunk, distracted, or aggressive driving, as well as poor road conditions.
- Medical Malpractice: Negligence or errors by healthcare professionals, such as misdiagnosis, surgical mistakes, medication errors, or failure to provide appropriate care, can lead to fatal outcomes.
- Workplace Accidents: Injuries from falls, equipment malfunctions, exposure to hazardous materials, or unsafe working conditions can result in wrongful death, particularly in industries like construction, manufacturing, and oil and gas.
- Defective Products: Faulty design, manufacturing defects, or inadequate warnings for products such as vehicles, appliances, or medications can cause fatal injuries.
- Premises Liability: Accidents on unsafe property, such as slip and fall incidents, inadequate security, or dangerous conditions, can lead to wrongful death.
- Drowning and Boating Accidents: Fatalities from drowning, boating accidents, or lack of supervision at pools or other bodies of water are common causes of wrongful death.
- Violent Attacks: Intentional acts of violence, including shootings, stabbings, or domestic abuse, can result in wrongful death claims.
- Elder Abuse and Nursing Home Neglect: Neglect, abuse, or failure to provide necessary care in nursing homes or by caregivers can lead to fatal injuries for elderly residents.
- Dog or Animal Attacks: Fatal injuries from dog bites or other animal attacks may also form the basis of a wrongful death claim.
These injuries and their underlying causes are critical to understanding the circumstances that may lead to a wrongful death claim in Louisiana. If you or a loved one has suffered a loss due to one of these types of injuries, contact Falcon Law Group for a free consultation to discuss your legal options.
Louisiana’s Wrongful Death Laws
Louisiana’s wrongful death laws have recently undergone significant changes. As of August 1, 2025, the statute of limitations for wrongful death claims is now one year from the date of death or two years from the day the injury or damage was sustained, whichever is longer. This change aligns Louisiana more closely with national standards, but it’s crucial to act quickly to preserve your right to compensation.
Who Can File a Wrongful Death Claim?
In Louisiana, the following individuals may file a wrongful death claim:
- The surviving spouse
- Children
- Parents
- Siblings
- Grandparents
If none of these individuals initiate the claim within three months, the executor of the deceased’s estate may do so.
Compensation in Wrongful Death Claims
Families may be entitled to compensation for:
- Lost wages and future earnings
- Loss of companionship
- Mental anguish
- Medical and funeral expenses
- Punitive damages in cases of gross negligence
Frequently Asked Questions
What is the time frame for filing a wrongful death claim in Louisiana?
As of August 1, 2025, you have one year from the date of death or two years from the day the injury or damage was sustained, whichever is longer. Missing these deadlines can bar your right to compensation.
Who can file a wrongful death claim in Louisiana?
The surviving spouse, children, parents, siblings, or grandparents may file. If none do so within three months, the executor of the estate may file.
What kind of compensation can be expected from a wrongful death claim?
Compensation may cover lost wages, loss of companionship, mental anguish, medical and funeral expenses, and punitive damages in cases of gross negligence.
How does Louisiana’s comparative fault rule affect wrongful death claims?
Louisiana follows a modified comparative fault rule. If you are found to be 51% or more at fault, you cannot recover damages. If less than 51%, your compensation is reduced by your percentage of fault.
What if the deceased was uninsured?
Louisiana’s “No Pay, No Play” law limits recovery for uninsured drivers, but this generally does not affect wrongful death claims filed by surviving family members.
Choosing Your Legal Team
In the face of a tragic loss, it’s crucial to have a strong yet compassionate team by your side. At Falcon Law Group, we stand as a beacon of support, offering representation marked by sincerity and dedication. We acknowledge the gravity of your loss and work diligently to ensure your case is treated with the gravity and empathy it deserves.
Reach Out Today
In this difficult time, remember that we are here for you, ready to extend our experience and support in your pursuit of justice. Please do not hesitate to reach out to us at Falcon Law Group, where you are more than just a client. You are part of our family, and “somos familia” is not just a phrase but a promise.
Our personal injury attorneys proudly serve clients across Louisiana, including New Orleans, Baton Rouge, Lafayette, Lake Charles, Shreveport, and surrounding parishes.
