The wrongful death law in Louisiana allows surviving close family members to file a legal claim against a party who is at fault for the death of a loved one. The party may be at fault due to negligence, recklessness, or criminal act, or another reason. They can be held liable by family members for damages the family has suffered as a result of the death. There is also another claim called a survival action.
Call (225) 928-8800
Michoud Wrongful Death Lawyer
Wrongful Death Attorney in Michoud, LA
The loss of a loved one can be one of the most devastating things a family can experience. It is not made any easier when their death should have been avoided. If you lost a family member because of the criminal action or negligent behavior of another party, a Michoud wrongful death lawyer can help you hold that person or company responsible.
Hire a Wrongful Death Lawyer in Michoud at Murphy Law Firm
Filing a wrongful death claim helps your family secure needed financial support during an incredibly uncertain time while also holding an at-fault party accountable. The claims may also provide some needed closure.
Unfortunately, these cases are complicated. By working with an experienced personal injury attorney at Murphy Law Firm, you can trust that your claim is in good hands. We have spent 30 years serving communities in Louisiana, and we know how to fight for the justice you deserve.
Understanding a Wrongful Death Claim
Someone can file a personal injury claim if the negligence of another party causes them to be injured, such as a careless driver causing an accident or a product manufacturer that sells a dangerous product that causes harm.
Unfortunately, sometimes individuals do not survive these accidents and cannot file these claims. In their place, their family members can file a wrongful death claim to hold the negligent party responsible. Family members can also file a wrongful death claim for a death caused by criminal action. Because deadlines are strict, it’s important to understand how long you have to file a personal injury claim in Louisiana, as those same timelines often apply to wrongful death cases as well.
How Is a Survival Action Different From a Wrongful Death Claim in Michoud?
A survival action is different from a wrongful death claim because of the types of damages it recovers.
A wrongful death claim is meant to recover the damages a family has suffered because of the loss of a loved one. This might include the loss of financial support, the cost of a funeral, and the loss of personal support and guidance.
Families can file a survival action when their loved one was injured because of a party’s action or inaction, and died at a later time rather than at the scene of the accident. The damages collected through a survival action are for the damages sustained by the deceased prior to their death. This may include their pain and suffering, their payments for medical treatment, and lost wages.
What Are the Common Causes of Death in Louisiana?
There are sadly many causes of fatalities throughout Louisiana. Wrongful death claims or survival actions can only be filed when someone else can be held liable for a person’s death. Some of the most common reasons for wrongful death claims include:
- Vehicle collisions. In Louisiana, there were 753 deaths from 706 motor vehicle accidents, and 60 of those deaths in 58 collisions were in Orleans County in 2024. Crashes often occur on I-10 and I-510. Twenty-three of the parish’s fatalities were to drivers in the accident, while 28 were to passengers.Pedestrians made up about 48% of traffic fatalities in the county, despite making up about 4% of the county’s suspected injuries. Pedestrians, motorcyclists, and cyclists are at a higher risk of death in an accident. Fatal accidents are also more likely when a commercial truck is involved, or when one of the involved parties was driving impaired. The at-fault driver in a crash could be held liable.
- Workplace deaths. In Louisiana workplaces in 2023, there were 104 fatal injuries across private and governmental sectors, according to the Louisiana Workforce Commission. Surviving families can often recover financially through a claim with workers’ compensation benefits. If a third party was to blame, or the accident was deliberately caused by an employer, family members could also file a civil claim.
- Falls. There were 427 deaths from unintentional falls in Louisiana in 2023, according to the Centers for Disease Control and Prevention. Individuals who are 55 and older are especially vulnerable to a fatal injury during a fall. Falls are also more likely to be fatal when they happen at a high height. Negligent property owners might be held liable.
Fatal accidents can also be caused by medical malpractice, defective and unsafe consumer products, and maritime accidents.
Meet Our Attorney
Peyton Murphy
Peyton Murphy, a Louisiana lawyer with 30+ years of experience, specializes in personal injury cases. He founded Murphy Law Firm in Baton Rouge in 1993 and fights for his clients’ compensation.
Contact Peyton
FAQs
What Is the Standard of Proof for Wrongful Death?
In Louisiana, the standard of proof for most civil cases, like wrongful death, is a preponderance of evidence. When you are a surviving family member filing a wrongful death claim, you are the plaintiff in the case, and you bear the standard of proof. This standard means it must be shown with sufficient evidence that a fact in dispute is more likely to exist than not exist.
What Are the Odds of Winning a Wrongful Death Claim in Michoud?
Every wrongful death case is different, so some may be very easy to win while others may be much more complicated. You are more likely to have a successful case when there is evidence that the alleged at-fault party owed your loved one a duty of care, breached that duty, and this caused an accident that led to death. You must also have evidence of the damages your family has suffered. Cases are more likely to be successful with an attorney.
How Long Do You Have to File a Wrongful Death Claim in Louisiana?
You have a limited amount of time to file a wrongful death claim or survival action. This is why it is essential that you act soon to file a claim. Of course, it is often not easy after the loss of a family member. It can help to hire a wrongful death lawyer to manage the claim for you. If you miss the deadline, you will be unable to recover damages or hold the at-fault party liable.
Compassionate Legal Representation in Michoud
You don’t have to deal with this alone. Reach out to Murphy Law Firm and let us help you file this difficult claim.
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.
Call For A Consultation
Case Results
Don't Settle
For Pennies!
Copyright © 2025 Murphy Law Firm. All Rights Reserved.
Digital Marketing By: 