Attorney David C. Pellegrin Jr. provides direct, one-on-one representation to ensure your case isn’t just another file on a desk.

In Louisiana, wrongful death claims are built on Civil Code article 2315.2. This statute allows specific family members to pursue damages when a death is caused by someone else’s “fault.”

“Fault” is a broad term in our legal system.

To win, an heir must prove the defendant had a duty to the deceased, breached that duty, and directly caused the death.

Louisiana is very specific about who has the “standing” to sue. The law creates a strict hierarchy, and only the highest-ranking survivors can move forward:

1. The surviving spouse and/or children.
2. If there are no spouse or children, the surviving parents.
3. If no parents survive, the surviving siblings.
4. Finally, if none of the above exist, the surviving grandparents.
5. If a person in a higher category exists (e.g., a surviving child), those in the lower categories (e.g., siblings) generally cannot file a claim. Because these rules are rigid, identifying the correct claimant early is vital.

Wrongful Death vs. Survival Actions: What’s the Difference?

It is common to see these two claims mentioned together, but they cover different types of losses:

1. Wrongful Death (The Survivors’ Loss)

Under Article 2315.2, this claim compensates you for the hole left in your life. This includes loss of companionship, emotional distress, and the loss of the financial support the deceased would have provided.

2. Survival Action (The Decedent’s Pain)

Governed by Article 2315.1, this allows the family to recover the damages the deceased could have claimed if they had survived. This typically covers the medical bills incurred before death and the physical pain and suffering the person endured between the injury and their passing.

Understanding Potential Damages

Every family dynamic is different, which means every damage calculation is unique. In Louisiana, you may be eligible to recover:

1. Economic Losses: Lost wages, future earnings, and funeral expenses.
2. Non-Economic Losses: Mental anguish, loss of guidance, and loss of affection.
3. Pre-Death Expenses: Medical costs and the decedent’s conscious pain and suffering.
4. Note: Punitive damages (intended to punish the defendant) are rare in Louisiana. They are typically only available in specific scenarios, such as accidents caused by a drunk driver.

Contact Us

Location: Metairie, LA (Serving New Orleans and Statewide)

Phone: (504) 405-4315

Web: www.pellegrinfirm.com