If you have lost a loved one due to someone else’s negligence in Louisiana, understanding your legal rights is a critical first step toward justice. This guide covers Louisiana’s wrongful death laws, profiles three law firms that handle these cases, and answers the most important questions families face.
Introduction
Losing a family member due to another party’s negligence is devastating. Louisiana operates under a Civil Law system inherited from French and Spanish legal traditions, making it the only state in the country that does not follow the Anglo-American common law tradition. This fundamental difference affects how wrongful death claims work, including the terminology used and the strict hierarchy of who may bring the claim.
Louisiana Wrongful Death Laws
The Louisiana Wrongful Death Statute
Louisiana’s wrongful death law is governed by Louisiana Civil Code § 2315.2. Because Louisiana uses a Civil Law system, the filing deadline is technically called a liberative prescription period rather than a statute of limitations – but the practical effect is the same: miss the deadline and the claim is permanently barred.
Who Can File
Louisiana enforces a strict hierarchy of plaintiffs: the surviving spouse and children have the first right to sue. If none exist, the right passes to the parents, then to siblings. Only the highest-ranking surviving class may bring the claim.
Statute of Limitations
Louisiana imposes a 1-year liberative prescription period, measured from the date of death. This is one of the shortest filing windows in the country.
Recoverable Damages
Louisiana allows recovery for pecuniary loss, loss of support, mental anguish, and funeral expenses. For general wrongful death claims, there are no caps. Medical malpractice wrongful death claims are subject to a hard cap of $500,000.
Survival Action
Louisiana maintains a separate survival action alongside the wrongful death claim.
Top 3 Wrongful Death Attorneys in Louisiana
1. Herman Herman & Katz, L.L.C.
Location: New Orleans, LA
Phone: (844) 943-7626
Website: https://hhklawfirm.com
HHK is a legendary civil litigation firm in Louisiana – they were lead counsel in the Deepwater Horizon BP oil spill litigation. They possess master-level understanding of Louisiana’s unique Civil Code. If a wrongful death involves complex corporate negligence, maritime and offshore fatal accidents under the Jones Act, or massive industrial disasters, HHK has the elite pedigree to litigate it.
2. Morris Bart, LLC
Location: New Orleans, Baton Rouge, Shreveport (Statewide)
Phone: (800) 537-8185
Website: https://morrisbart.com
One of the most recognized injury firms in the South. Because of Louisiana’s unforgiving 1-year prescription period, Morris Bart’s massive infrastructure allows them to instantly identify the correct plaintiff under the state’s strict hierarchy and file both the wrongful death and survival actions before the family loses their legal rights.
3. Gordon McKernan Injury Attorneys
Location: Baton Rouge, Lafayette, Alexandria (Statewide)
Phone: (888) 501-7888
Website: https://gordoncares.com
Highly aggressive and well-resourced, the Get Gordon team specializes in fatal 18-wheeler crashes, plant explosions, and maritime deaths. They are highly adept at maximizing uncapped general damages and navigating the complexities of Louisiana’s $500,000 cap on medical malpractice cases.
Frequently Asked Questions
What makes Louisiana’s wrongful death system different from other states?
Louisiana is the only U.S. state that does not follow the common law tradition. Its legal system is derived from the French and Spanish Civil Law traditions, which means the terminology, procedural rules, and doctrinal concepts differ from every other state. The filing deadline is called a liberative prescription period rather than a statute of limitations. The substantive rights, however, are similar – families can recover for financial losses, mental anguish, and the loss of the relationship.
What is the hierarchy of plaintiffs in Louisiana?
Louisiana strictly controls who can bring a wrongful death claim. The spouse and children of the deceased have the first right. If the deceased had no spouse or children, the right passes to the parents. If no parents survive, siblings may bring the claim. Only the highest-ranking surviving class may sue – lower-ranked family members cannot file if higher-ranked relatives exist.
What is the medical malpractice cap in Louisiana?
Louisiana caps total medical malpractice damages at $500,000. This cap applies to all medical malpractice claims, including wrongful death cases caused by medical negligence. Economic damages are included within this cap. An experienced attorney will pursue every available legal theory to maximize recovery within this framework.
What should I do immediately after losing a loved one due to negligence?
Contact a wrongful death attorney today. Louisiana’s 1-year prescription period is one of the shortest in the country. Preserve all evidence and do not speak with insurance companies before consulting an attorney.
Closing
Louisiana’s Civil Law system and 1-year prescription period create one of the most time-sensitive and legally unique wrongful death environments in the country. The firms listed above have the specialized expertise required to navigate Louisiana’s distinct legal framework. If you have lost a loved one due to another party’s negligence, contact one of these attorneys today.
For immediate grief support, contact the National Alliance for Grieving Children at (866) 432-1542.