If you are facing the devastating loss of a family member due to someone else’s negligence, a compassionate and aggressive Kenner wrongful death lawyer at Babcock Injury Lawyers can help your family preserve vital evidence, protect your legal rights, and secure financial stability.
Our personal injury lawyers in Kenner handle all insurance companies, investigations, and complex legal frameworks, so that your family can focus entirely on healing.
Contact Babcock Injury Lawyers today for a free consultation; or call us: (225) 500-5000.
Rules for Wrongful Death Claims in Louisiana
When a fatal accident occurs, surviving family members must navigate rigid statutory requirements. Understanding these rules early ensures your family’s right to pursue justice is protected.
1. Standing: Who Is Legally Permitted to File?
Under Louisiana Civil Code Article 2315.2, a wrongful death lawsuit cannot be filed by just anyone. The law establishes a strict hierarchy of surviving relatives who hold the legal right to recover damages:
- The surviving spouse and/or children of the deceased individual.
- If no spouse or child survives, the living parents.
- If no parents survive, the living siblings.
- If no siblings survive, the living grandparents.
2. The Strict One-Year Prescriptive Period
Louisiana has one of the shortest statutory windows in the United States to take legal action. The statute of limitations (known locally as a prescriptive period) for a wrongful death claim is exactly one year from the date of the deceased person’s death. Missing this precise twelve-month deadline generally means your family is completely and permanently barred from recovering compensation.
3. Wrongful Death vs. Survival Actions
A fatal accident in Kenner typically triggers two distinct civil actions under Louisiana law:
- Wrongful Death Claim: Designed to compensate the surviving family members for the financial, emotional, and practical losses they suffer because of the death (such as lost financial support, funeral costs, and loss of companionship).
- Survival Action (CC 2315.1): Recovers damages for the severe pain, suffering, and mental anguish that the deceased individual personally experienced between the moment of the accident and their actual passing.
Comprehensive Fatal Accident & Injury Representation
Fatal trauma can occur in seconds due to a single act of recklessness. Our legal team possesses the extensive resources needed to thoroughly investigate and litigate high-stakes personal injury and wrongful death claims resulting 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.
- 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 all attorney fees for any work conducted during that first month.
- The Insurance Playbook Insider: 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.
- Built for Litigation, Not Volume: 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.
Contact a Kenner 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.
Contact our office today to schedule a no-cost, pressure-free case consultation; or call our team directly: (225) 500-5000.
Last reviewed / Updated: June 12th, 2026
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.
Authored by: Stephen Babcock, Louisiana injury lawyer