There are plenty of qualified attorneys in St. Tammany Parish who serve the people of Covington. You are doing your research, which means something has happened. Something serious enough to engage legal counsel. No one reads lawyer websites until they need one.
Our clients came to us after they lost someone they loved, usually because of someone else's negligence. This page explains how wrongful death claims work in Louisiana, what the law allows, and what Morris & Dewett offers. Read it. Compare us to others. Make the decision that is right for your situation.
What Is Wrongful Death?
By definition, wrongful death is the loss of life caused by the wrongful act or negligence of someone else, regardless of whether that negligence was intentional or accidental. Louisiana law provides legal remedies for surviving family members when this occurs.
What Causes Wrongful Death?
Wrongful death can result from various forms of negligence and several types of accidents. The most common causes fall into one of the following categories.
Deadly Motor Vehicle Accidents
Since 2015, motor vehicle accidents have killed an average of 33,800 people each year in the U.S. (source: NHTSA). In many crashes, driver negligence is to blame. That negligence can include:
- Speeding
- Texting while driving
- Drunk driving
- Failing to comply with traffic law
Beyond the at-fault driver, other parties can also contribute to wrongful deaths on the roads. Depending on the type of crash and how it occurred, those parties could include automakers, motor carriers, auto parts manufacturers, and government entities.
When you look at 18-wheeler wrecks, there are at least 5,000 fatal truck accidents annually in the U.S. (source: NHTSA).
Fatal Accidents Caused by Defective Products
Consumer products, vehicle parts, and industrial equipment can cause life-threatening injuries when design flaws or manufacturing defects are involved. Sometimes products contain toxic substances. In other cases, manufacturers fail to provide adequate warnings about known risks.
These failures tend to occur when manufacturers prioritize cost over safety. In the worst cases, this negligence causes fatal accidents.
Deadly Accidents at Dangerous Properties
Life-ending accidents can occur at unsafe properties. These include retailers, restaurants, entertainment venues, warehouses, industrial facilities, and any other location that exposes visitors to serious hazards. Wrongful deaths at dangerous properties can result from:
- Failures to contain volatile or toxic substances
- Broken stair rungs or railings
- Broken elevators or escalators
- Poorly maintained balconies or decks
- Improperly installed skylights
- Falling objects or merchandise
Fatal Workplace Accidents
One workplace death occurs every 99 minutes in the U.S. (source: BLS). That is roughly 15 people a day. Statistics from OSHA and BLS show that:
- About 1 in 5 workplace deaths in the private sector affects a construction worker
- Sales drivers and truckers are involved in about 1 out of 5 deadly work accidents
- Workplace deaths have increased among older workers (55+), Latinx workers, and grounds maintenance workers
- High-risk occupations include oil field workers, loggers, fishermen, and roofers
Who Can Be Sued After a Wrongful Death?
To determine who can be sued, you need to identify every party whose negligence contributed to the death. Potential defendants depend on the type of accident and the specific facts of the case. They may include at-fault drivers, employers, product manufacturers, property owners, and government entities. Multiple parties can share liability.
Under Louisiana law, wrongful death claims must be filed within one year of the date of death (La. C.C. Art. 2315.2). Claims against government entities may be subject to shorter notice requirements. Missing the deadline ends your ability to recover.
How Does a Wrongful Death Claim Work?
The details of the process vary from case to case. The claim is filed by eligible surviving family members under Louisiana law. To prevail, the claim must establish that the defendant was negligent, that the negligence caused the death, and that the survivors suffered damages as a result.
The process typically involves evidence gathering, expert witnesses, insurance negotiations, and in some cases, trial. An attorney handles the legal work required to build and advance the claim at each stage.
When Should I Contact a Covington Wrongful Death Lawyer?
As soon as possible. Louisiana's one-year prescriptive period for wrongful death claims is strict. Once it passes, the claim is gone. A lawyer can start preserving evidence immediately, identify all at-fault parties early, and position the claim for the best possible outcome. Early involvement improves your options.
What Damages Are Available in a Wrongful Death Claim?
Compensation varies from case to case. In Louisiana wrongful death claims, damages can include:
- Medical expenses the deceased incurred before death
- Funeral and burial costs
- Lost income and financial support the deceased would have provided
- Loss of love, companionship, and consortium
- Survivor's grief and mental anguish
The value of a claim depends on the specific facts, the strength of the evidence, and which parties can be held liable. View our case results to see the outcomes we have achieved for clients.
Frequently Asked Questions
- Q: What is wrongful death?
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Wrongful death is the loss of life caused by the negligence or wrongful act of another party. The negligence can be intentional or accidental. Louisiana law gives eligible surviving family members the right to file a civil claim seeking compensation from the party or parties responsible.
- Q: What causes wrongful death?
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Common causes include motor vehicle accidents, fatal truck crashes, defective products, dangerous property conditions, and workplace accidents. In each case, the key element is that someone else's negligence contributed to the death.
- Q: Who can sue for wrongful death in Louisiana?
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Under Louisiana law, the right to file a wrongful death claim belongs first to the surviving spouse and children of the deceased. If none survive, the right passes to parents, then to siblings. An attorney can confirm which family members are eligible based on the specific circumstances.
- Q: How does a wrongful death claim work?
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Eligible family members file a claim identifying the at-fault party and establishing that the negligence caused the death and produced compensable damages. The process involves evidence collection, legal filings, negotiations with insurers or opposing counsel, and in some cases a trial. Louisiana's one-year prescriptive period means the claim must be filed within one year of the date of death.
- Q: When should I contact a wrongful death lawyer?
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As soon as possible after the death. The one-year deadline runs from the date of death, not from when you decide to act. Early legal involvement preserves evidence, secures witness accounts, and protects your ability to recover.
- Q: What damages are available in a wrongful death claim?
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Louisiana wrongful death damages can include funeral and burial costs, medical bills incurred before death, lost income and financial support, and damages for loss of love and companionship. Surviving family members may also recover for their own grief and mental anguish. The total depends on the facts of the case and what can be proven.
These answers reflect Louisiana law as of . For case specific advice, consult with a Louisiana personal injury attorney who can evaluate your particular circumstances.