Louisiana Wrongful Death Lawyer

Louisiana Wrongful Death Attorney

Losing someone you love because of another person’s negligence is devastating. The grief is profound, the financial impact can be immediate and severe, and the legal process can feel overwhelming at a time when your family is already carrying more than it should.

Murphy Law Firm has been standing with Louisiana families in their darkest moments since 1993. Our Louisiana wrongful death lawyers pursue justice for families who have lost loved ones to car accidents, truck crashes, workplace accidents, medical negligence, premises liability, and other incidents caused by someone else’s carelessness or wrongdoing. 

We understand that no amount of money can ever compensate for your loss. However, we also know that securing maximum compensation for you can help ease some of the financial burdens caused by your loved one’s death. 

At Murphy Law Firm, our Louisiana wrongful death lawyers have recovered more than $250 million for Louisiana injury victims and their families — including verdicts of $18.9 million y $13.4 million — and we are not afraid to take wrongful death cases all the way to trial.

If your family lost a loved one in a fatal accident caused by someone else’s negligence anywhere in Louisiana, Murphy Law Firm’s Baton Rouge wrongful death attorneys are here to help you. Our wrongful death lawyers have represented grieving families throughout Louisiana for over 33 years.

We understand that this is an incredibly difficult time, and we are committed to fighting for the full compensation your family deserves while you focus on healing. Call us at (225) 928-8800 or schedule your consultation online. We are available 24 hours a day, 7 days a week. Your consultation is always free, and we never charge a fee unless we win your case.

What Is a Wrongful Death Claim in Louisiana?

A wrongful death claim is a civil lawsuit brought by surviving family members when a person dies as a result of another party’s negligent, reckless, or intentional conduct. It is separate from and independent of any criminal prosecution. A wrongful death lawsuit seeks financial compensation for the family’s losses, not criminal punishment for the responsible party.

Louisiana’s wrongful death law is governed by Louisiana Civil Code Article 2315.2, which specifies who may bring a wrongful death claim and what damages are recoverable.

Murphy Law Firm handles wrongful death actions arising from every type of fatal accident in Louisiana, including car accidents, truck crashes, motorcycle accidents, defective products, medical malpractice, industrial explosions, workplace accidents, offshore and maritime incidents, nursing home abuse and neglect, and premises liability. Our personal injury attorneys investigate every wrongful death case thoroughly to identify all negligent parties and pursue claims against each one.

Who Can File a Wrongful Death Claim in Louisiana?

The following survivors may be entitled to recover damages in a Louisiana wrongful death claim:

Cónyuge e hijos supervivientes — the primary right to bring a wrongful death claim belongs to the surviving spouse and children of the deceased.

Surviving Parents — if the deceased left no surviving spouse or children, the deceased’s surviving parents may bring a wrongful death claim. This is particularly important in cases involving the death of young adults or children.

Surviving Siblings — if the deceased left no surviving spouse, children, or parents, surviving siblings may bring a wrongful death claim.

Surviving Grandparents — if there are no survivors in any of the above categories, grandparents may bring a claim.

Only the highest-priority category of survivors has the right to bring the claim. If a deceased person left a surviving spouse and children, the parents, siblings, and grandparents generally cannot bring an independent wrongful death claim.

What Is a Survival Action?

A survival action is different from a wrongful death claim — though both may arise from the same death and are often pursued simultaneously.

En Louisiana Civil Code Article 2315.1, a survival action allows the deceased person’s survivors to recover damages for the pain, suffering, and losses the deceased person experienced between the time of the injury and the time of death. It is as if the deceased person’s own personal injury claim survives their death and can be pursued by their heirs.

Murphy Law Firm evaluates both claims in every wrongful death case to ensure families recover the maximum compensation available under Louisiana law.

What Damages Are Available in a Louisiana Wrongful Death Case?

Louisiana law allows wrongful death claimants to recover compensation for the full scope of their losses:

Loss of love, companionship, and consortium — the emotional loss of a spouse, parent, or child is recognized as a significant and compensable harm under Louisiana law.

Loss of financial support — when a deceased person was providing financial support to surviving family members, the loss of that support — calculated over the remainder of their expected working life — is a major component of wrongful death damages.

Loss of services — the practical contributions a deceased person made to the household have economic value that is recoverable.

Funeral and burial expenses — the costs of funeral services, burial or cremation, and related expenses are recoverable.

Gastos médicos — treatment costs incurred between the injury and death are recoverable through the survival action.

The deceased’s pain and suffering — through the survival action, compensation for what the deceased experienced between injury and death is available.

Wrongful Death in the Workplace and Industrial Accidents

Louisiana’s industrial sector accounts for a disproportionate share of occupational fatalities in the state. When a worker dies in an industrial accident, wrongful death claims may be available alongside workers’ compensation death benefits.

Workers’ compensation death benefits do not compensate surviving families for grief, loss of companionship, or the full economic value of a lost life. However, workers’ compensation rules do not limit third-party wrongful death claims against parties other than the direct employer. Third-party personal injury cases can result in dramatically higher recovery.

At Murphy Law Firm, our Louisiana wrongful death lawyers will investigate your loved one’s accident or incident to identify all possible causes and contributing factors and hold all responsible parties accountable. 

Maritime Wrongful Death Claims

When a maritime worker dies in an offshore accident or vessel incident, specialized maritime law governs the wrongful death claim. The Jones Act and general maritime law provide distinct remedies with different rules about who may recover and what damages are available.

Maritime wrongful death cases are among the most complex in personal injury law and require legal representation by attorneys who know this area of law inside and out. At Murphy Law Firm, our personal injury lawyers have represented families of maritime wrongful death victims in Louisiana for over 33 years. We have the experience, skills, and resources to secure maximum compensation for our clients. 

¿De cuánto tiempo dispone para presentar una demanda por homicidio imprudente en Louisiana?

Under Louisiana Civil Code Article 2315.2, surviving family members have un año from the date of the deceased person’s death, or two years from the date of the injury that caused their death, to file a wrongful death claim. 

The survival action under Louisiana Civil Code Article 2315.1 is subject to the same prescriptive period as the wrongful death claim. You must file it within one year of your loved one’s death, or two years from the date of the injury that resulted in death.

Evidence in wrongful death cases disappears quickly. You need a Baton Rouge wrongful death lawyer who knows how to take swift action to preserve and uncover vital evidence before it is too late. Contact Murphy Law Firm immediately following the death of a loved one so we can begin protecting your family’s legal rights.

How Murphy Law Firm Handles Louisiana Wrongful Death Cases

Wrongful death cases are among the most serious and emotionally charged matters a law firm handles. Murphy Law Firm approaches every wrongful death case with both the compassion these families deserve and the aggressive legal advocacy their loved ones’ memories demand.

We investigate accidents thoroughly, identify all parties whose negligence contributed to the death, and pursue claims against them.

Peyton Murphy has been representing Louisiana families in wrongful death cases for over 33 years. He is a member of the National Trial Lawyers Association, el Multi-Million Dollar Advocates Forum, el Asociación Estadounidense para la Justicia, and the Asociación Louisiana para la Justicia.

Murphy Law Firm’s wrongful death attorneys bring decades of courtroom experience to every case. With verdicts including an $18.9 million jury verdict and a $13.4 million jury verdict, our track record demonstrates what happens when a firm prepares every case for trial and refuses to accept less than full value. Our years of experience handling wrongful death suits across Louisiana mean we understand exactly how insurance companies and negligent parties defend these claims — and how to overcome those defenses.

While past case results cannot guarantee a similar outcome in your case, they reflect our commitment to pursuing maximum compensation for every family we represent. We encourage you to read our client testimonials to understand what it’s like to work with Murphy Law Firm during one of the most difficult times of your life.

We handle all wrongful death cases on a contingency fee basis. You pay nothing unless we win. Call (225) 928-8800 — available 24 hours a day, 7 days a week — or contact us online to schedule your free consultation.

FAQs – Louisiana Wrongful Death Claims

What is the difference between a wrongful death claim and a wrongful death suit?

A wrongful death claim is the initial demand for compensation made to an insurance company or responsible party. A wrongful death suit is a formal lawsuit filed in court when a claim cannot be resolved through negotiation. Murphy Law Firm pursues both. We start with aggressive negotiation and proceed to a wrongful death suit when necessary to achieve fair compensation.

What is the statute of limitations for wrongful death claims in Louisiana?

Under Louisiana Civil Code Article 2315.2, surviving family members have one year from the date of the decedent’s death to file a wrongful death lawsuit, or two years from the date of the personal injury accident or incident that resulted in death. This deadline is strictly enforced regardless of the circumstances. Contact Murphy Law Firm immediately to protect your family’s right to legal action.

Can I file a wrongful death claim if the death resulted from medical malpractice?

Yes. When a healthcare provider’s negligence causes a patient’s death, surviving family members may have both a wrongful death action and a medical malpractice claim.

What damages are available in a Louisiana wrongful death case?

Recoverable damages include funeral expenses, medical bills, lost wages and lost income, loss of a loved one’s companionship and affection, and, in appropriate cases, punitive damages against the negligent party.

Does Murphy Law Firm handle wrongful death cases outside of Baton Rouge?

Yes. Our Baton Rouge wrongful death attorneys represent families throughout Louisiana. We handle wrongful death cases across the greater Baton Rouge area, including East Baton Rouge, West Baton Rouge, Ascension, Livingston, Iberville, Pointe Coupee, East Feliciana, and West Feliciana Parishes.

Murphy Law Firm | 2354 S. Acadian Thruway, Baton Rouge, Louisiana | Serving wrongful death families throughout Louisiana.

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