Baton Rouge Wrongful Death Lawyer

Wrongful Death Attorney in Baton Rouge, LA

There are few experiences in life more difficult than losing a loved one. When the death of a loved one is caused by the negligent or wrongful acts of another, the grieving process can be even more troubling. It also means that your family could recover damages and hold the at-fault party responsible for their failures. A Baton Rouge wrongful death lawyer is a necessary ally during this difficult process.

Instead of the courts lumping these cases in with personal injury claim cases, wrongful death claims abide by their own laws and regulations in Louisiana. If a loved one has died in a car accident, workplace incident, animal attack, because of hospital negligence, on someone else’s property, or because of a defective product, consult with one of our attorneys to see if you meet the elements of a wrongful death claim.

Find the Right Baton Rouge Wrongful Death Attorney

At Murphy Law Firm, our Louisiana wrongful death attorneys are prepared to advocate for the rights of your family.

We understand that what you are going through is extremely difficult, but with over 150 years of collective experience and over $250 million in recoveries, you can trust that your case will be in good hands with the team of wrongful death lawyers at Murphy Law Firm. Past results do not guarantee a similar outcome. Every case is different and must be evaluated on its own merits.

With more than 30 years of experience serving clients in Louisiana and millions secured in successful results, we are the right team for you. Peyton Murphy and his team of personal injury lawyers can make sure your family does not miss any important deadlines or other requirements. Our firm understands how difficult it is to navigate these cases after the loss of a loved one, but also knows how important financial stability is for your family. We advocate for your justice.

Types of Wrongful Death Actions in Louisiana

There are two types of wrongful death actions in the state of Louisiana:

1. Wrongful Death ActionA wrongful death action is made when the deceased dies in an accident, and another party’s negligence or misconduct caused the death.

   A wrongful death claim allows the deceased person’s surviving spouse, children, and other family members to receive compensation for funeral arrangements, loss of income, pain and suffering, and a wide variety of other costly repercussions of the person’s death. This claim addresses the specific damages suffered by the family, not the deceased.

2. Survival ActionA survival action can be filed when someone dies at a later date, which was a direct result of an injury caused by the other party. The rights to the claim survive the deceased person for one year after their death.

   Unlike a wrongful death action, a survival action recovers damages that are meant to cover the losses suffered by the deceased prior to their death. This can include the cost of their medical care, the wages they couldn’t earn, and their pain and suffering. These payments are made to the surviving spouse or other family members to cover perpetual damages.

Filing a Wrongful Death Claim in Louisiana

There are several legal limitations and specifics to consider when filing a wrongful death claim in Louisiana, including:

Who Is Able to File a Wrongful Death Case?

Only close family members can file a wrongful death case, in a specific order. Initial filing rights go to the surviving spouse or children of the deceased person. If these parties do not exist, surviving parents get the right to file. Then, the rights fall to surviving siblings or surviving grandparents.

Family members related to the decedent via adoption have the same rights to file as blood relatives. The decedent’s estate may bring the claim if there are no surviving family members.

What Damages Are Available in a Wrongful Death Case?

The damages, or forms of compensation, differ from other personal injury claims. In a survival action, the plaintiff can recover for the loved one’s:

• Pain and suffering
• Medical bills
• Property damage
• Lost wages

For wrongful death claims, the courts award damages such as:

• Funeral and burial or cremation expenses
• The lost value of household services
• The loss of the loved one’s love, care, support, guidance, and companionship

When you hire a wrongful death lawyer, they can help you determine the full extent of compensation you’re entitled to. Contact our experienced lawyers today to get a free consultation.

The Time Limit for Filing a Wrongful Death Case in Baton Rouge

Louisiana has a shorter time limit for filing than most other states. While most states grant two to five years after the date of death, in Louisiana, you usually only have one year from the date your loved one passes away to bring your claim to the local civil courts. If you try to file after this deadline, the courts will most likely dismiss your claim.

In 2024, the personal injury statute of limitations was extended, but the wrongful death and survival action statute of limitations did not. However, there are cases where the one-year time limit is extended. You can file a wrongful death claim or a survival action by the later of the two dates:

1. Within one year of the date of death
2. Within two years of the date injury or damage was sustained

The unexpected death of your spouse, child, parent, or sibling caused by someone else’s negligence can be impossible to come to terms with. It also makes it hard to deal with legal deadlines and requirements. At Murphy Law Firm, we can help you and your family in the face of wrongful death litigation. You need a strong, aggressive confidant to uphold your rights and advocate for full compensation.

If a loved one recently passed away and you suspect someone could have prevented the death, talk to our attorneys before it is too late. Our consultations are always 100% confidential and come with no fee or obligation to retain our wrongful death law firm.

Common Reasons for Wrongful Death Cases

There are many types of accidents that lead to wrongful death claims, such as:

• Car accidents. Vehicle collisions are a frequent cause of fatalities caused by negligence, especially those involving pedestrians, bicyclists, and motorcyclists. There were 31 fatalities in Baton Rouge from vehicle collisions in 2025.
• Truck accidents. Six of East Baton Rouge Parish’s fatalities from vehicle collisions occurred because of crashes with commercial trucks. Accidents with commercial vehicles are more likely to result in serious injuries and fatalities compared to other accidents.
• Workplace accidents. Because of Baton Rouge’s location on the Mississippi River and near many lakes, maritime work is common, and this is one of the more dangerous professions. Fatalities in workplaces can happen because of severe falls, electrical hazards, explosions, structural collapses, and other serious hazards. If your loved one’s untimely passing stemmed from a work-related accident, you might be unsure whether to pursue workers’ compensation or a wrongful death claim. Our skilled workers’ comp lawyer can assess your case, clarify your options, and guide you toward the most suitable legal path.
• Slip-and-fall accidents. In Louisiana, 427 deaths were caused by unintentional falls in 2023, according to data collected by the Centers for Disease Control and Prevention. When a fall happens because a property owner did not address a hazard that they should have, they might be liable.

Not all causes of fatalities result in a valid wrongful death claim or survival action. These are only possible when a party can be held liable for the death, such as a medical provider that does not uphold a professional standard of care, a reckless driver, or a negligent property owner.

What Evidence Is Needed for a Wrongful Death Claim?

The evidence that is needed for a wrongful death claim depends on the cause and circumstances of the death. Important evidence might include:

• A police or accident report
• CCTV, dashcams, security cams, and other footage
• Medical documentation
• Coroner reports
• Photos of the accident
• Eyewitness testimony
• Expert witness statements

Evidence can be harder in a wrongful death claim compared to a personal injury claim, as the individual cannot provide their own testimony. It can help to have an attorney who knows how to investigate these incidents and uncover crucial evidence.

What Families Often Ask Us

There are several common questions we hear, including:

• Can I file a wrongful death claim as a close relative?
• How do I find out who I can file a claim against?
• Do families have to file a claim together and agree to file it?
• Will my wrongful death case go to court?

We can answer these questions and many more.

Success Story

A jury awarded a $1,800,000 verdict for a 34-year-old man who grabbed an electric line 12 inches from a rooftop and was electrocuted. The father made a claim for the death of his son. The electric line violated the National Electric Safety Code (NESC), and the protective insulation had worn off. Entergy of Louisiana claimed that the deceased son had 50% fault, even though Entergy is considered a superior actor.

After a three-day trial, the jury awarded $1,800,000. The jury held Entergy 65% at fault and the son 35% at fault for his death. You can be successful against the big guys if you have a trusted and experienced personal injury attorney at your side. Past results do not guarantee a similar outcome. Every case is different and must be evaluated on its own merits.

This case shows our record of success and is a testament to our willingness to advocate for you in court. At Murphy Law Firm, our dedicated wrongful death attorney in Baton Rouge does everything possible to get you the compensation you deserve.

Don’t let the big guys like Entergy scare you or offer you a minimum settlement payment. Large corporations and their insurance providers will always try to get away with paying out as little as possible, no matter the severity of the situation.

If one of your loved ones has fallen victim to death at the fault of a third party, schedule a free consultation to speak with one of our experienced wrongful death attorneys in Louisiana, or stop by our offices in East Baton Rouge. If you’re in another city, we can come to you.

FAQs

What Qualifies as a Wrongful Death Case in Baton Rouge?

A wrongful death case in Baton Rouge is possible when another party is at fault for the death of someone else. A wrongful death case can be filed by surviving family members to recover the damages they suffered because of their loved one’s death. For example, if a driver runs a red light and causes a crash that leads to someone’s death, that driver can be held liable in a wrongful death claim.

Who Is Eligible to File a Wrongful Death Claim in Louisiana?

Those who are eligible to file a wrongful death claim in Louisiana are generally a surviving spouse or children, followed by a surviving father or mother, then surviving siblings, then surviving grandparents. This includes relations by blood, marriage, or adoption. The right to file can also be inherited. If you are unsure whether you have the grounds to file a wrongful death claim for a loved one, it is important to reach out to an attorney as soon as possible.

What Types of Damages Can Be Pursued in a Wrongful Death Claim in Baton Rouge?

There are many damages that could be pursued in a wrongful death claim in Baton Rouge, depending on the damages suffered by the family. This includes economic losses like loss of financial support and benefits, loss of inheritance, and the cost of a funeral and burial or cremation costs. It also includes non-economic losses like the loss of emotional support, the loss of consortium, and the loss of enjoyment of life. The damages in a survival action may differ.

How Can a Baton Rouge Wrongful Death Lawyer Help My Family Through the Legal Process?

A Baton Rouge wrongful death lawyer helps your family through the legal process of filing a wrongful death claim in many ways. A lawyer determines if you have the grounds to file. They calculate the losses you are owed, both now and for future losses. They answer your questions and help you understand what legal rights you have. They investigate the accident and use their resources to uncover the at-fault party. This support can make the process easier.

Hire a Wrongful Death Lawyer: Contact Our Lawyer for Wrongful Death Defense

Losing a loved one is an impossibly difficult situation. You don’t have to file a claim alone. We’ll work to help you secure the compensation your family deserves. Contact us today to schedule a free consultation.

*All figures cited are correct as of early 2026, but are still subject to changes.

Your Path to Legal Resolution Starts with Murphy Law Firm.

When you choose Murphy Law Firm, you gain access to a team of experienced attorneys with a proven track record of success. We understand the importance of trust, and we strive to build lasting relationships with our clients by delivering exceptional results.

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