If you have unexpectedly lost a family member due to someone else’s negligence, a dedicated Bossier City wrongful death lawyer at Babcock Injury Lawyers can help your family preserve critical evidence, navigate the complex civil court system, and protect your long-term financial security.
Contact Babcock Injury Lawyers today for a free consultation; or call us: (225) 500-5000.
Our experienced Bossier City personal injury lawyers manage every aspect of the litigation process so you can focus on your family’s emotional healing.
Louisiana Rules for Wrongful Death Claims
Wrongful death litigation in Louisiana is governed by distinct statutes. Knowing these primary legal requirements ensures your family does not inadvertently forfeit its right to recovery.
1. Legal Standing: Who Can File?
Under Louisiana Civil Code Article 2315.2, specific surviving family members have the legal right to file a wrongful death action. The law enforces a strict order of priority:
- The surviving spouse and/or children of the deceased person.
- If no spouse or child is living, the surviving parents.
- If no spouse, child, or parent survives, the surviving brothers and sisters.
- If no spouse, child, parent, or sibling survives, the surviving grandparents.
2. Filing Deadlines Depend on the Claim
Under the current versions of Louisiana Civil Code Article 2315.2 and Article 2315.1, the general period for wrongful death and survival actions is one year from death or two years from the day injury or damage is sustained, whichever is longer. Medical malpractice has separate rules: Article 2315.2(F) provides one year from death for wrongful death actions, while Article 2315.1(F) directs medical malpractice survival actions to R.S. 9:5628. The dates and facts of a claim, including which version of the law applies, require prompt review by a lawyer.
3. Wrongful Death Claims vs. Survival Actions
When negligence results in a fatality, Louisiana allows for two separate types of financial recovery:
- Wrongful Death Claim (Louisiana Civil Code 2315.2): Compensates the surviving family members for the personal, financial, and emotional losses they incur due to the death (e.g., lost financial support, funeral costs, loss of relationship).
- Survival Action: Under Louisiana Civil Code Article 2315.1, this action concerns damages the deceased person suffered before death, including pain and suffering. The right generally passes to the surviving relatives in the statute’s order of priority. If no listed beneficiary class survives, the succession representative may bring the action.
Representation Across Fatal Injury Claims
Fatal trauma can occur in moments due to a single act of recklessness. Our firm has the resources to investigate and litigate wrongful death and severe personal injury claims arising from:
- Car Accidents
- Truck Accidents
- Motorcycle Accidents
- Bicycle Accidents
- Pedestrian Accidents
- Slip and Fall / Premises Liability
- Catastrophic Injury
- Brain Injury
The Babcock Leverage: Real Courtroom Authority
Choosing a law firm for a high-stakes wrongful death matter is a pivotal decision. The specific trial background of your legal counsel directly shapes how corporate insurance adjusters value your claim.
- Insurance Industry Insight: Founder Stephen Babcock began his career working inside the insurance system as an in-house trial defense lawyer for a major national insurance carrier. He knows the precise internal metrics adjusters use to downplay fatal claims, and he knows how to counter those tactics with trial-ready evidence.
- Verified Trial Status: Many regional injury firms run high-volume practices built on quick, discounted settlements to avoid court. We prepare every file for a jury from day one. Stephen Babcock is a founding member of Trial Masters™, an elite national credential exclusively reserved for lawyers who have taken at least 35 cases all the way to a jury verdict. Insurers know we do not bluff.
- Our 30-Day Client Satisfaction Guarantee: We believe in earned trust. If you retain our firm and decide within the first 30 days that our team is not the ideal fit for your family, you can cancel our agreement. We will waive both attorney fees and case costs under this 30-day cancellation policy.
Contact a Bossier City Wrongful Death Attorney
Grieving families should not have to spend their time answering calls from insurance adjusters, gathering corporate records, or worrying about filing deadlines. Our legal team steps in to handle all corporate communications, manage the investigation, preserve digital evidence (such as commercial security or traffic footage before it is overwritten), and build a definitive case for your family’s future.
We handle all wrongful death matters on a contingency fee basis. You pay no upfront expenses, no retainer fees, and we only collect an attorney fee if we secure compensation for your family through a negotiated settlement or a court verdict.
Contact us online to schedule a confidential, free case consultation; or call (225) 500-5000.
Editorial review note: On the above date, we checked the Louisiana Legislature pages and local public planning materials for the source-sensitive information used here.