At Bart Bernard Injury Lawyers, we’ve been guiding families through the complexities of wrongful death claims in Louisiana for 30 years. We understand the immense pain and confusion that follow such a tragedy. Our promise is to be with you every step of the way, providing compassionate legal support and fighting tirelessly to protect your rights.
What is a Wrongful Death Claim?
A wrongful death claim is a legal action brought by surviving family members when a loved one’s death is caused by the wrongful act or negligence of another person or entity. These claims seek to hold the responsible party accountable and provide financial compensation to the survivors for their losses.
Who Can File a Wrongful Death Claim in Louisiana?
Louisiana law specifies who is eligible to file a wrongful death claim. The order of priority is as follows:

- Surviving Spouse and/or Children: If the deceased was married or had children, the surviving spouse and/or children have the primary right to file a claim.
- Surviving Parents: If the deceased had no spouse or children, their surviving parents can file a claim.
- Surviving Siblings: If the deceased had no spouse, children, or parents, their surviving siblings can file.
- Surviving Grandparents: If none of the above relatives exist, the surviving grandparents can file.
What Are the Grounds for a Wrongful Death Claim?
To have a valid wrongful death claim, you must prove the following:
- The death was caused by the wrongful act or negligence of another party. This could include car accidents, medical malpractice, workplace accidents, defective products, or criminal acts.
- The deceased would have had a valid personal injury claim had they survived. This means that the defendant’s actions (or inaction) must have caused the death.
- The surviving family members have suffered damages as a result of the death. These damages can include loss of financial support, loss of companionship, funeral expenses, and more.
What Damages Can Be Recovered in a Wrongful Death Claim?

A wrongful death claim seeks to compensate surviving family members for their losses, both economic and non-economic. These can include:
- Loss of Financial Support: Compensation for the income and benefits the deceased would have provided to their family had they lived.
- Loss of Services: The value of the services the deceased provided, such as childcare, homemaking, or caregiving.
- Loss of Companionship and Consortium: Compensation for the loss of love, companionship, emotional support, and guidance.
- Funeral and Burial Expenses: Reimbursement for the costs of the funeral and burial.
- Medical Expenses: Any medical expenses incurred before the deceased’s death.
- Pain and Suffering: In some cases, you can also recover damages for the deceased’s pain and suffering before they died.
How to File a Wrongful Death Claim in Louisiana
Filing a wrongful death claim involves several key steps:
- Gather Information: Collect information about the circumstances of the death, including police reports, medical records, and witness statements.
- Identify the Liable Parties: Determine who is responsible for the death, whether it’s an individual, a company, or a government entity.
- Calculate Damages: Work with experts to accurately assess the full extent of your losses, both economic and non-economic.
- File a Lawsuit: File a lawsuit in the appropriate court within the statute of limitations, which is generally one year from the date of death in Louisiana.
- Negotiate a Settlement: Attempt to negotiate a fair settlement with the defendant(s) and their insurance companies.
- Go to Trial: If a settlement cannot be reached, your case may proceed to trial, where a judge or jury will determine liability and damages.
Why You Need a Wrongful Death Lawyer
Wrongful death cases are complex and emotionally charged. An experienced wrongful death lawyer can provide invaluable assistance by:
- Investigating the death: Thoroughly investigating the circumstances to determine liability and gather evidence.
- Calculating damages: Accurately assessing the full extent of your losses.
- Negotiating with insurance companies: Dealing with insurance adjusters and seeking a fair settlement.
- Filing a lawsuit: Preparing and filing all necessary legal documents and representing you in court.
- Providing compassionate support: Guiding you through the legal process with empathy and understanding during a difficult time.
Bart Bernard Injury Lawyers: Your Trusted Advocates
At Bart Bernard Injury Lawyers, we have a proven track record of success in handling wrongful death claims. We understand the complexities of these cases and the emotional toll they take on families.
- 30 Years of Experience: Our 30 years of experience in Louisiana give us a deep understanding of the state’s laws and legal system.
- Compassionate Representation: We provide compassionate and dedicated legal representation to every client.
- No Fee Unless We Win: We work on a contingency fee basis, meaning you don’t pay us anything unless we win your case.
Don’t Face This Alone
If you’ve lost a loved one due to someone else’s negligence, don’t hesitate to contact Bart Bernard Injury Lawyers. We’ll fight tirelessly to protect your rights and secure the compensation your family deserves. Remember, you don’t have to navigate this difficult journey alone. We’re here to help you every step of the way.