Call for Consultation (337) 366-8994
Call for Consultation (337) 366-8994
Legal Disclaimer: This article provides general legal information about wrongful death claims and recoverable damages in Louisiana. It does not constitute legal advice and should not be relied upon as such. Every case is unique, and outcomes depend on specific facts and circumstances. If you have lost a loved one due to someone else’s negligence, consult with a qualified Louisiana wrongful death attorney to discuss your individual situation.
Louisiana law allows families who have lost a loved one to someone else’s negligence to recover damages, and not just for the bills.
The law recognizes what most families already know: that the real losses go far beyond money. The empty chair at dinner. The voice you will never hear again. The parent, spouse, or child who was supposed to be here and is not.
Louisiana’s wrongful death statutes exist because the legal system understood that these losses deserve to be acknowledged, measured, and compensated.
What many families do not realize is that Louisiana actually provides two separate legal claims after a wrongful death: one for what your loved one suffered before dying and one for what you are suffering now.
Together, they are meant to capture the full scope of the harm. Understanding what you can recover is the first step toward getting your family the justice it deserves.
If your family has lost someone to negligence in Louisiana, the Ikerd Law Firm can help you understand your legal options at no cost. Call (337) 366-8994. We are here to listen and to fight for what your family is owed.
Louisiana handles wrongful death differently from some states. Instead of a single claim, the law creates two distinct causes of action from the same tragedy.
Both claims are filed together in a single lawsuit. They capture the full picture of the harm together: everything your loved one endured and everything your family will carry going forward.
Louisiana’s handling of wrongful death is different from other states in a few very important ways:
Only the highest-priority group with living members may file. If anyone in that group is alive, everyone in a lower group is excluded.
This hierarchy matters because it determines who has standing to pursue the case. If you are unsure whether you qualify, an attorney can review your family’s situation and tell you who has the ability to bring claims.
The wrongful death action compensates you for the deeply personal losses caused by your loved one’s death.
Louisiana courts recognize both economic and non-economic damages, and there is no cap on wrongful death damages in most cases.
If your loved one was a provider (emotional and/or financial), you can recover the economic value of what their death took away. This includes not just the income they were earning at the time of death but also what they would have earned over the rest of their working life.
It compensates you for the emotional bond that was severed, the relationship itself. Courts consider the closeness of the relationship, how involved the deceased was in your daily life, and the quality of the connection you shared.
Beyond love and affection, this covers the day-to-day presence of the person you lost. The conversations, the shared meals, the quiet comfort of having someone there. For a surviving spouse, this also includes loss of consortium, which includes the partnership, intimacy, and mutual emotional support that defined the marriage.
Losing a family member to someone else’s negligence causes profound emotional suffering. The grief, the anxiety, the sleepless nights, and the depression that can follow a sudden and preventable death. These are real injuries, and the law allows you to recover for them.
When a parent is killed, minor children lose more than a provider. They lose a teacher, a protector, a moral compass. Louisiana law specifically recognizes loss of parental guidance as a compensable damage: the instruction, discipline, nurturing, and direction that the deceased parent would have provided as the child grew up.
The cost of laying your loved one to rest is recoverable. This includes funeral services, burial or cremation, cemetery costs, and related expenses. These are straightforward economic damages, but they add up quickly and should never come out of a grieving family’s pocket when someone else’s negligence caused the death.
The survival action captures what the deceased endured before they died. Think of it as the negligence claim they would have brought had they survived their injuries.
If your loved one did not die instantly, if there were hours, days, or weeks between the injury and their death, the law allows you to recover for their suffering during that time.
In most wrongful death cases, no. Louisiana does not impose a general cap on damages in wrongful death claims arising from car accidents, workplace negligence, defective products, or other common causes. A jury can award what it determines is fair based on the evidence.
There are exceptions. If the wrongful death resulted from medical malpractice, the Louisiana Medical Malpractice Act (La. R.S. 40:1231.2) caps total damages at $500,000, though future medical expenses are not subject to that cap. And claims against government entities are capped at $500,000 under La. R.S. 13:5106(B).
Louisiana’s comparative fault rule (La. C.C. Art. 2323) means that if the deceased was partially at fault for the accident that killed them, the family’s recovery is reduced by that percentage. If your loved one was found 20% at fault, the family recovers 80% of the total damages.
As of January 2026, Louisiana shifted from a pure comparative fault system to a modified system with a 51% bar. Under the new rule, if the deceased is found 51% or more at fault, the family recovers nothing. This makes it even more important to have an attorney who can investigate the facts and push back against inflated fault allegations from the defense.
Following 2025 legislative changes, the prescription (filing deadline) for wrongful death and survival actions is now one year from the date of death or two years from the date the injury was sustained, whichever is longer.
This gives families more time than the old one-year rule, but it is still a tight window, especially when you are grieving.
One critical exception: wrongful death claims arising from medical malpractice still prescribe in one year from the date of death. The two-year alternative does not apply. If you suspect medical negligence played a role in your loved one’s death, talk to an attorney immediately.
No amount of money replaces the person you lost. But the law exists so that the people responsible for their death cannot walk away as if nothing happened.
Wrongful death damages in Louisiana are meant to acknowledge the full weight of what your family is going through: the financial burden, the emotional devastation, and the future that was stolen from you.
At the Ikerd Law Firm, we have spent our careers standing beside people in their most difficult moments. We understand the legal process, and more importantly, we understand that behind every wrongful death case is a family that is hurting. We will handle the legal fight so you can focus on healing.
Call us today for a free, no-obligation consultation. We will listen to what happened, explain your options, and help you decide what comes next. No pressure, just honest guidance from people who care about getting it right.
The survival action recovers damages the deceased suffered before death (pain, medical bills, and lost wages). The wrongful death action recovers damages the surviving family suffers after death (loss of love, support, companionship, and grief).
Not in most cases. There is no general cap. The $500,000 cap applies only to medical malpractice and government entity claims.
The surviving spouse and/or children have first priority. If none exist, parents may file. Then siblings, then grandparents. Only the highest-priority group with living members can bring the claim (La. C.C. Art. 2315.2).
One year from the date of death or two years from the date of injury, whichever is longer. For medical malpractice cases, the deadline is one year from the date of injury, or longer if the malpractice is not immediately discovered.
Only in limited circumstances. The most common is when the death was caused by a drunk driver (La. C.C. Art. 2315.4). Louisiana generally does not allow punitive damages in civil cases unless a specific statute authorizes them.
Their percentage of fault reduces the family’s recovery. Starting January 1, 2026, if the deceased is found 51% or more at fault, the family recovers nothing under Louisiana’s new modified comparative fault rule.
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