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If you’ve lost a loved one due to an accident, injury, or illness, please accept our heartfelt condolences. Sudden loss is devastating, and we know nothing can truly ease the pain you’re feeling.

When that loss is caused by someone else’s negligence, it can bring overwhelming grief, anger, and confusion. Our Louisiana wrongful death lawyers at Gordon McKernan Injury Attorneys are here to support you when you’re ready to take the next step.

Common Causes of Wrongful Death

In Louisiana, a wrongful death occurs when someone dies due to another’s negligence or intentional actions, whether by an individual, business, or organization. Common causes include:

Wrongful Death Statistics

Many wrongful deaths are the result of unintentional injuries, and a lot of them could have been prevented. Here’s what the latest national data shows:

222,698

Deaths in 2023 were caused by unintentional injuries.

43,273

Motor vehicle traffic deaths occurred in 2023.

100,304

Deaths were attributed to unintentional poisoning.

Catastrophic Injuries

A single moment of negligence can cause a catastrophic injury, and in some cases, lead to wrongful death. While the two are connected, they’re not the same.

Catastrophic injuries involve permanent disabilities or serious medical conditions that drastically affect quality of life, such as:

Wrongful Death Claim vs Catastrophic Injury Claim

While both involve serious loss, a wrongful death claim and a catastrophic injury claim come from very different situations, and it’s important to know the difference.

  • A catastrophic injury claim is filed by someone who survives a severe, life-altering injury. It seeks compensation for medical costs, lost income, and lasting pain and suffering.
  • A wrongful death claim is brought by the surviving family of someone who died because of negligence or intentional harm. It helps cover funeral expenses, lost future earnings, and the emotional toll of losing a loved one.
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Who Can File a Wrongful Death Claim in Louisiana?

Wondering if you can file a wrongful death claim in Louisiana? The law is clear—but it can get a little complex.

According to Louisiana Civil Code §2315.2, the right to file a claim follows a specific order:

Who Can File:

  • Surviving spouse and/or children
  • If none, then the surviving parents
  • If no parents, then the surviving siblings
  • If no siblings, then the surviving grandparents
  • Adopted family members have the same rights as biological relatives

Statute of Limitations in Wrongful Death Cases

In Louisiana, wrongful death claims are time-sensitive. As of July 1, 2024, a new statute may extend the filing window—but only for incidents occurring on or after that date.

If the death happened before July 1, 2024, you still have just one year to file. And not all claims qualify for the extension—product liability and many wrongful death cases still follow the one-year rule.

To protect your rights, speak with an experienced Louisiana wrongful death lawyer as soon as possible.

Damages to Seek Compensation for After a Wrongful Death

A wrongful death claim can help ease the financial and emotional impact of losing a loved one. In Louisiana, damages typically fall into three main categories:

  • Economic Damages: Medical bills, funeral costs, lost income, benefits, and inheritance
  • Non-Economic Damages: Emotional distress, loss of companionship, and enjoyment of life
  • Punitive Damages: Awarded in rare cases involving gross negligence or intentional harm

A Louisiana wrongful death lawyer can help your family seek the full compensation you’re entitled to.

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The Four Elements of Proving a Wrongful Death Case

Like any personal injury case, plaintiffs in wrongful death cases must prove four separate

  1. Negligence: The death resulted from careless or reckless actions.
  2. Breach of Duty: The defendant failed a duty of care owed to the deceased.
  3. Causation: That failure directly caused the death.
  4. Damages: The death led to measurable losses like funeral costs, lost income, or emotional suffering.

A skilled wrongful death lawyer in Louisiana can help gather evidence and build a strong case.

When to Call a Wrongful Death Attorney in Louisiana

If you’ve lost a loved one in an accident, you may be feeling overwhelmed with grief, anger, or confusion. You deserve answers and a path forward.

At Gordon McKernan Injury Attorneys, we know no settlement can replace your loved one, but a wrongful death claim can help you find closure and financial stability.

Call our Louisiana wrongful death lawyers today at 888.501.7888 for a free consultation. We’ll listen, guide you through your options, and get started right away. And with the G Guarantee, you don’t pay unless we win.

Common Causes of Wrongful Death

In Louisiana, a wrongful death occurs when someone dies due to another’s negligence or intentional actions, whether by an individual, business, or organization. Common causes include:

Speak to a Louisiana Wrongful Death Lawyer Near You Today

At Gordon McKernan Injury Attorneys, we understand that emotional and physical recovery go hand in hand after an injury or accident. We also know that you may not have the energy or time to fight with an insurance company and the complexities of your personal injury claim.

Don’t Wait — Talk to a Louisiana Wrongful Death Lawyer Today

At Gordon Mckernan Injury Attorneys, we understand that emotional and physical recovery come hand and hand after an injury or accident. We also know that you may not have the energy or time to fight with an insurance company and the complexities of your personal injury claim.

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How It Works

Filing a claim with Gordon Mckernan Injury Attorneys is easy!
Simply follow the steps below.

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Get Your Free Consultation

Fill out our quick and easy form to find out if your case qualifies. Our consultations are free and confidential, and we are here to help whether you hire us or not!

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Our team will evaluate your case and decide on the best course of action. One of our lawyers will get back to you promptly and begin the process of winning your case! 

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Get It Done!

Once your case has been evaluated and deemed a good fit for our firm, our team will go to work immediately on gathering evidence, building your case, and getting you the compensation that you deserve. 

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