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Video: Bateman McDonald Law Firm on wrongful death cases
Watch: what to know about wrongful death cases

We help families get answers

When a death is caused by someone else’s negligence, the grief is compounded by anger, financial strain and unanswered questions. Your family may be entitled to bring a wrongful death claim. Compensation may account for medical bills, funeral and burial expenses, the loss of your loved one’s contributions to the household, and the loss of their care, companionship, love and guidance.

TODO: attorney to confirm the old page's statement that the firm "has handled hundreds of wrongful death claims across the country" before it is used.

We work to hold those responsible accountable through the civil courts, and to help your family understand:

  • Why did this happen?
  • Could it have been prevented?
  • What can be done to keep it from happening to another family?

Wrongful death and survival actions in Louisiana

TODO: attorney to verify the legal statements in this section, including the order of beneficiaries.

In Louisiana, two separate claims can arise from a death:

  • Survival action. Brought by surviving family members to recover the losses your loved one suffered before death.
  • Wrongful death claim. Recovers the losses your family suffers after and because of the death.

Who can bring a claim?

Louisiana law sets an order of family members who may bring these claims:

  1. The spouse and children
  2. Parents, if there is no spouse or child
  3. Brothers and sisters, if there are no surviving parents
  4. Grandparents, if none of the above survive

Damages in a wrongful death claim

  • Loss of love, affection and companionship
  • Loss of emotional support and guidance
  • Loss of services, such as household support
  • Loss of financial contributions
  • Funeral and burial expenses
  • Mental anguish and grief
  • Medical expenses for treatment to cope with the loss

Damages in a survival action

  • Your loved one’s conscious pain and suffering before death
  • Fear or fright immediately before death
  • Medical expenses incurred before death
  • Lost wages or earning capacity during that time
  • Other damages your loved one could have recovered had they survived

Cases that often lead to wrongful death claims

Talk with us when you are ready

Louisiana imposes strict deadlines on these claims. When your family is ready to talk, we will listen, explain your options and answer your questions, at no cost.

Common questions

Wrongful Death: questions we hear

What is the difference between a wrongful death claim and a survival action?

A survival action recovers the losses your loved one suffered before death. A wrongful death claim recovers the losses your family has suffered because of the death. Both can often be brought together.

TODO: attorney review of this answer.

How long does my family have to file?

Louisiana's deadlines are strict, and certain exceptions may apply depending on the circumstances.

TODO: attorney to confirm the prescriptive period to state for wrongful death and survival actions (the old page said two years for deaths on or after July 1, 2024, and one year before that).

Free consultation

Talk with an attorney about what happened

Call now to talk with an attorney who will listen, or send a message and we will get back to you. There is no cost to find out where you stand.

Call (225) 766-8484

Bateman McDonald Law Firm
6700 Jefferson Hwy, Baton Rouge, LA 70806

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