Losing a loved one unexpectedly can leave a family facing grief, unanswered questions, financial uncertainty, and decisions they never expected to make. When the death may have been caused by another person, business, commercial driver, healthcare provider, property owner, or other responsible party, one of those decisions may be whether to speak with a wrongful death attorney.
Choosing an attorney in these circumstances should involve more than searching for the first lawyer who appears online.
A serious wrongful death case may require an immediate investigation, preservation of evidence, analysis of complicated Louisiana law, consultation with experts, identification of multiple insurance policies and responsible parties, and, when necessary, litigation against defendants that have substantial resources of their own.
Before hiring a Louisiana wrongful death lawyer, families should understand what separates one law firm from another and what questions they should ask during the initial consultation.
At Jacqueline A. Scott & Associates, we have represented injured individuals and families throughout Louisiana for more than 35 years. If your family has questions following the unexpected death of a loved one, call 318-746-5997 for a free, confidential consultation.
What Is Considered Wrongful Death in Louisiana?
A wrongful death claim may arise when a person dies because of the fault of another person or entity.
Louisiana Civil Code Article 2315.2 provides the basis for a wrongful death action when a person dies due to another's fault.
Depending on the circumstances, wrongful death cases may result from:
- Car accidents
- 18-wheeler and commercial truck crashes
- Motorcycle accidents
- Pedestrian and bicycle accidents
- Drunk or impaired driving crashes
- Defective products
- Dangerous premises
- Industrial or workplace incidents involving third parties
- Medical malpractice
- Nursing home negligence
- Negligent security
- Other acts of negligence or wrongdoing
Every case is different.
In some cases, responsibility may initially appear obvious. In others, a detailed investigation may reveal that multiple people or companies contributed to the death.
For example, after a fatal commercial trucking collision, potential responsibility may extend beyond the truck driver. Depending on the facts, the trucking company, motor carrier, maintenance contractor, freight broker, equipment manufacturer, cargo-loading company, or another entity may need to be investigated.
This is one reason early legal investigation can be extremely important.
Who Can File a Wrongful Death Claim in Louisiana?
Louisiana does not simply allow anyone who was financially dependent upon or emotionally close to the deceased to bring a wrongful death action.
Louisiana Civil Code Article 2315.2 establishes specific categories of individuals who may have the right to bring the claim.
Generally, Louisiana law prioritizes beneficiaries in the following order:
- The surviving spouse and children, or either the spouse or children;
- The surviving mother and father, if there is no surviving spouse or child;
- The surviving brothers and sisters, if there is no surviving spouse, child, or parent; and
- The surviving grandparents, if there is no surviving spouse, child, parent, brother, or sister.
The statute contains additional provisions involving adoption and certain circumstances involving parental abandonment.
Because the right to bring the claim depends on family relationships and the statutory order of beneficiaries, families should not assume who is—or is not—entitled to pursue a claim without discussing their circumstances with an attorney.
Wrongful Death Claims and Survival Actions Are Not the Same
Louisiana law recognizes an important distinction between a wrongful death action and a survival action.
Although they can arise from the same incident, they compensate for different losses.
Wrongful Death Action
A wrongful death action generally concerns the damages sustained by qualifying surviving family members because of their loved one's death.
Depending on the circumstances and applicable law, those losses may include financial and non-economic damages associated with the death.
Survival Action
Louisiana Civil Code Article 2315.1 addresses survival actions.
A survival action generally involves damages belonging to the deceased that arose between the time of the injury and the person's death. In other words, it allows certain claims the deceased could have pursued to survive the person's death.
The facts of the case can make this distinction extremely important.
For example, a case involving a person who remained hospitalized for an extended period before passing away may present different survival damages than an accident in which death occurred immediately.
An experienced wrongful death attorney should evaluate both potential causes of action rather than treating every fatal accident as a single generic claim.
How Long Do You Have to File a Louisiana Wrongful Death Claim?
Time limits are one of the most important reasons families should speak with an attorney promptly.
Under the current version of Louisiana Civil Code Article 2315.2, the wrongful death right of action generally prescribes one year from the death of the deceased or two years from the date the injury or damage was sustained, whichever is longer.
However, calculating a deadline is not always as simple as looking at a calendar.
Different rules may apply depending upon the nature of the claim, the defendant, medical malpractice issues, governmental entities, and other circumstances.
Families should therefore avoid relying on a general internet deadline to determine how much time remains in a particular case.
There is another reason not to delay: evidence may disappear long before a legal filing deadline expires.
Surveillance footage can be erased. Vehicles can be repaired or destroyed. Electronic data may be overwritten. Witness memories fade. Businesses may dispose of records under routine retention policies.
A lawyer may therefore need to begin protecting evidence almost immediately.
Why Choosing the Right Wrongful Death Attorney Matters
Wrongful death cases can involve considerably more than negotiating with an insurance adjuster.
The attorney may need to determine:
- Exactly how the death occurred
- Every person or company potentially responsible
- Which insurance policies provide coverage
- Whether important evidence is in another party's possession
- Whether state or federal regulations were violated
- Which experts are necessary
- What economic losses resulted from the death
- What damages Louisiana law permits
- Whether settlement negotiations are appropriate
- Whether litigation should be filed
- Whether the defendants are attempting to shift blame
The law firm handling the case should have the ability and resources to investigate these issues thoroughly.
10 Questions to Ask Before Hiring a Louisiana Wrongful Death Lawyer
1. How Much Experience Do You Have Handling Wrongful Death Cases?
Personal injury cases vary significantly.
A minor automobile collision and a catastrophic wrongful death case can require very different levels of investigation, expert analysis, litigation strategy, and financial resources.
Ask about the attorney's experience with serious injury and death cases and whether the firm has handled matters involving circumstances similar to yours.
2. Who Will Actually Handle My Case?
Families should know whether their primary contact will be the attorney they meet during the initial consultation, another lawyer in the firm, a paralegal, or a case manager.
Support staff are an important part of a law firm, but clients should understand who is responsible for major legal decisions and how they will communicate with the attorney handling their case.
3. What Investigation Would You Begin Immediately?
A lawyer should be able to discuss the types of evidence that may need to be obtained and preserved.
Depending on the case, that could include:
- Police reports
- 911 recordings
- Photographs
- Surveillance footage
- Dash-camera video
- Body-camera footage
- Witness statements
- Vehicle inspections
- Electronic vehicle data
- Cell phone records
- Employment records
- Medical records
- Autopsy records
- Insurance policies
- Maintenance records
- Company safety records
- Electronic communications
The exact investigation will depend upon how the death occurred.
4. Does Evidence Need to Be Preserved Before It Disappears?
This question is particularly important when a business, trucking company, commercial carrier, property owner, manufacturer, or other organization may possess important evidence.
An attorney may need to send preservation or spoliation notices instructing potentially responsible parties to preserve relevant evidence.
In a commercial trucking case, that evidence might include:
- Electronic logging device records
- Engine control module or "black box" data
- Driver qualification files
- Hours-of-service information
- Dispatch communications
- GPS records
- Maintenance and inspection records
- Cargo information
- Driver training materials
- Post-crash testing records
- Onboard camera footage
The evidence needed in another type of wrongful death case may be entirely different.
5. Could More Than One Person or Company Be Responsible?
One of the biggest mistakes in a serious case is assuming the most obvious defendant is the only responsible party.
Consider a fatal truck accident.
The driver may be responsible, but an investigation could also involve the driver's employer, motor carrier, vehicle owner, maintenance provider, cargo loader, manufacturer, or another company.
Identifying all potentially liable parties can also be important when determining the amount and types of available insurance coverage.
6. What Experts Might Be Needed?
Depending upon the facts, a wrongful death case may require assistance from professionals such as:
- Accident reconstruction experts
- Engineers
- Trucking safety experts
- Medical experts
- Economists
- Vocational experts
- Life-care planners
- Digital forensic specialists
- Industry-specific experts
Not every case requires every type of expert.
The important question is whether the law firm can recognize when specialized expertise is necessary and has the resources to obtain it.
7. Are You Prepared to File a Lawsuit?
Most civil claims do not end in a courtroom trial. That does not mean a law firm should prepare a significant wrongful death case as though settlement is guaranteed.
An insurance company evaluates risk.
The ability and willingness of the attorney to investigate the case thoroughly, take depositions, hire appropriate experts, file motions, challenge defenses, and ultimately try the case when necessary can affect how seriously an opposing party evaluates the claim.
Ask the attorney what circumstances would cause the firm to recommend litigation rather than continued settlement negotiations.
8. How Will You Determine the Value of the Claim?
No responsible attorney should guarantee a specific recovery during an initial consultation.
Too many facts may still be unknown.
Instead, ask how the firm evaluates damages.
Depending upon the facts and applicable Louisiana law, an attorney may investigate issues involving lost financial support, medical expenses, funeral-related expenses, loss of services, and non-economic losses suffered by qualifying beneficiaries.
The damages available depend heavily upon the facts and legal circumstances of each case.
9. How Will Your Office Communicate With My Family?
Families dealing with a wrongful death should not have to wonder indefinitely what is happening with their case.
Ask:
- How often will we receive updates?
- Who can we call with questions?
- Will we speak directly with the attorney?
- How quickly does the office typically respond?
- How will important decisions be explained to us?
Communication style may not determine liability, but it can make a tremendous difference in the client's experience.
10. How Are Attorney Fees and Case Costs Handled?
Before signing a representation agreement, understand exactly how attorney fees and litigation expenses will be handled.
Many personal injury and wrongful death cases are handled under contingency-fee arrangements, meaning the attorney's fee is tied to the recovery.
However, clients should still carefully review the representation agreement and ask questions about attorney fees, expenses, expert costs, litigation expenses, and how those amounts are treated at the conclusion of the case.
Red Flags When Choosing a Wrongful Death Attorney
Families are understandably vulnerable after an unexpected death. They should never feel pressured into making an immediate hiring decision without understanding the representation.
Potential warning signs may include an attorney or firm that:
- Guarantees a particular settlement amount
- Promises a specific outcome before investigating the case
- Pressures the family to sign immediately
- Cannot explain who will handle the case
- Provides vague answers about experience
- Does not discuss preservation of evidence
- Appears unwilling to litigate
- Cannot explain how the case will be investigated
- Avoids questions about fees or expenses
- Provides little information about how clients receive case updates
A consultation should help a family understand its options—not create additional pressure.
What Should a Wrongful Death Lawyer Investigate Immediately?
The first days and weeks following a fatal incident can be important.
Depending upon the circumstances, an attorney may need to:
Identify witnesses. Witness statements can become harder to obtain as time passes.
Preserve physical evidence. Vehicles, equipment, products, or other objects involved in the death may need to be inspected before they are repaired, altered, or destroyed.
Request video evidence. Businesses, residences, government entities, vehicles, and nearby properties may have recorded the incident.
Identify insurance coverage. Multiple liability, commercial, excess, umbrella, or other policies may potentially apply.
Investigate defendants. Business relationships may need to be examined to determine who controlled the conduct that caused the death.
Secure records. Medical, employment, corporate, safety, electronic, and governmental records may become important.
Evaluate applicable regulations. Commercial trucking, healthcare, industrial operations, and other industries may be governed by specific state or federal regulations.
The investigation should be tailored to the case—not pulled from a standard checklist.
What Damages May Be Available in a Louisiana Wrongful Death Case?
There is no universal value for a wrongful death case.
The financial and personal impact of losing a spouse, parent, child, or other qualifying family member is different for every family.
Depending on the circumstances and Louisiana law, damages may involve issues such as:
- Loss of financial support
- Loss of services
- Funeral and burial-related expenses
- Certain medical expenses
- Loss of companionship, love, and affection
- Mental anguish and grief
- Damages associated with a survival action
- Other legally recoverable losses
Determining damages may require substantial documentation and, in some cases, testimony from economists or other experts.
What Should You Bring to Your First Meeting With a Wrongful Death Attorney?
Do not delay speaking with an attorney simply because you do not have every document.
If available, however, it can be helpful to bring:
- Police or incident reports
- Photographs and videos
- Insurance information
- Medical information
- Death certificate
- Funeral documentation
- Names of witnesses
- Communications from insurance companies
- Letters or emails from businesses involved
- Employment and income information
- Any photographs or documents showing how the incident occurred
The attorney can determine what additional information needs to be obtained.
Why Families Choose Jacqueline A. Scott & Associates
For more than 35 years, Jacqueline A. Scott & Associates has represented individuals and families facing serious personal injury and wrongful death matters.
Our approach begins with understanding what happened.
That means examining the evidence, identifying potentially responsible parties, evaluating insurance coverage, understanding the full extent of the family's losses, and preparing the case to pursue accountability under Louisiana law.
Our firm handles serious injury matters involving automobile crashes, commercial trucks and 18-wheelers, dangerous conduct, and other forms of negligence throughout Shreveport, Bossier City, Northwest Louisiana, and communities across Louisiana.
Every case presents different facts, and past results cannot guarantee the outcome of a future matter. What families should expect is a careful evaluation of their circumstances and a clear explanation of their legal options.
Frequently Asked Questions About Louisiana Wrongful Death Claims
How do I know whether my family has a wrongful death case?
A potential claim may exist when another person or entity's fault caused or contributed to the death. Determining whether there is a viable claim generally requires reviewing the facts, available evidence, Louisiana law, and the relationship between the deceased and potential beneficiaries.
Can several family members bring a wrongful death claim?
Potential beneficiaries depend upon the statutory classes established by Louisiana Civil Code Article 2315.2. A surviving spouse and children, for example, are included within the first class. When a qualifying higher-priority class exists, lower-priority classes generally do not have the wrongful death right of action.
Is a wrongful death claim the same as a survival action?
No. A wrongful death action generally compensates qualifying beneficiaries for losses they sustained because of the death. A survival action generally concerns damages sustained by the deceased before death.
Depending upon the circumstances, both may arise from the same incident.
Should I speak with the insurance company before hiring an attorney?
Insurance companies may begin investigating a fatal incident quickly.
Before providing detailed recorded statements, signing releases, accepting settlement offers, or authorizing broad access to records, families may want to understand their legal rights and the potential consequences of those decisions.
What if the insurance company has already offered a settlement?
An early settlement offer does not necessarily reflect the full value of a claim.
Before accepting an offer, the family should understand the available insurance coverage, the identity of all potentially responsible parties, the extent of recoverable damages, and whether important parts of the investigation remain incomplete.
Do wrongful death cases always go to trial?
No.
Many cases resolve through negotiated settlements. However, the appropriate strategy depends upon liability, damages, available insurance, defenses, the reasonableness of settlement offers, and other circumstances.
A law firm should be prepared to litigate when doing so becomes necessary to protect the client's interests.
Talk With a Louisiana Wrongful Death Attorney
You do not have to understand every aspect of Louisiana wrongful death law before contacting an attorney.
The first step is determining what happened, whether another party may be legally responsible, who has the right to bring a claim, what evidence should be preserved, and what deadlines may apply.
If your family has lost a loved one because of a fatal car accident, commercial truck collision, or another form of negligence, Jacqueline A. Scott & Associates can evaluate your circumstances and explain your legal options.
We represent clients in Shreveport, Bossier City, Northwest Louisiana, and throughout Louisiana.
Call Jacqueline A. Scott & Associates at 318-746-5997 for a free, confidential consultation.
This article provides general information and is not intended as legal advice. The law applicable to a particular case depends upon its individual facts and circumstances.