Wrongful death lawyer in Baton Rouge

Two claims, not one

A survival action, under Civil Code article 2315.1, carries forward the claim the person themselves had: what they suffered between the injury and death, including medical expenses incurred and the suffering endured. A wrongful death action, under article 2315.2, belongs to certain family members and addresses their own loss, which Louisiana recognizes as including companionship and support as well as financial loss.

They have different purposes and are proved with different evidence, which is one reason these matters are handled carefully rather than quickly. They are usually pursued together but analysed separately.

Who may bring the claims

Louisiana sets out the family members who may bring each claim, in a fixed order of priority, shown in the table below. A later category can bring the claim only if no one in an earlier category survives. The articles also address adopted family members and treat a parent who abandoned the deceased during childhood as not surviving.

Which category applies is one of the first things to establish. It is genuinely a question for a conversation rather than a web page, because the answer depends on the family.

Deadlines apply here too

Both articles use the same period: one year from the death or two years from the day the injury was sustained, whichever is longer. Both were most recently amended in 2025, which is one reason older guidance on these deadlines can be out of date. Medical malpractice claims follow different rules.

Deadlines are the reason to make an early phone call. They are not a reason to make an early decision.

How the firm approaches these

Slowly, and in plain language. Families in this position need time to understand the options and realistic expectations rather than a sales conversation, and they are rarely in a state to absorb a process in one sitting.

What these cases involve in practice

The underlying facts are usually investigated the same way any serious injury claim is: the report where one exists, the witnesses, the physical evidence, and every insurance policy that might respond. Where a death arose from a collision, such as a truck accident, or from a workplace incident, the same coverage questions apply, including uninsured and underinsured motorist coverage.

When the death followed a car crash, the page for a car accident lawyer in Baton Rouge covers how a fatal collision claim is worked, including the coverage and the evidence from the crash itself.

What differs is the documentation of loss. Establishing what a family has lost, financially and otherwise, often means bringing in economists to put figures on future support and earnings that will now never be provided.

When the death followed a workplace injury

A death on the job can involve workers’ compensation benefits for the family as well as a claim against a party other than the employer, such as a driver or equipment maker. The two run under different rules, and the second is easy to miss. The workers’ compensation page explains the first; the conversation with the firm covers both.

The practical side, handled quietly

Alongside the claim itself there is usually an estate to open and paperwork nobody in the family asked to learn. Sarah Tormey handles successions and estate planning, which means that side can be dealt with in the same office rather than farmed out to a second firm at the worst possible time.