Wrongful Death Attorneys in Louisiana
Compassionate Legal Support in Your Darkest Hour
Losing a loved one is the most painful experience a family can endure. When that loss is caused by someone else’s carelessness, recklessness, or negligence, the grief is often compounded by anger and confusion.
At the Berniard Law Firm, we understand that no amount of money can replace a spouse, parent, or child. However, a wrongful death lawsuit is often the only way to secure your family’s financial future and hold the responsible parties accountable. We handle the legal burden so you can focus on healing.
Understanding Louisiana Law: Two Types of Claims
In Louisiana, when a person dies due to negligence, the law allows for two distinct types of lawsuits. We often file both on your behalf:
1. The Wrongful Death Action (Your Loss)
This claim is filed by the surviving family members to recover damages for their loss. It compensates you for the loss of love, affection, companionship, and financial support that the deceased would have provided.
2. The Survival Action (The Victim’s Pain)
This claim allows the family to recover damages that the victim could have sued for if they had lived. This specifically covers the pain and suffering your loved one endured between the time of the accident and the time of death.
Who Can File a Wrongful Death Lawsuit?
Louisiana law establishes a strict “hierarchy” of beneficiaries who are allowed to file these claims. You generally have one year from the date of death to file.
- First: The surviving spouse and/or children.
- Second: If no spouse/children, the surviving parents.
- Third: If no parents, the surviving siblings.
- Fourth: If no siblings, the surviving grandparents.
Civil Justice vs. Criminal Charges
t is important to understand that a civil lawsuit is completely separate from a criminal trial.
- Criminal Court: Punishes the wrongdoer with jail time (requires proof “beyond a reasonable doubt”).
- Civil Court (Our Role): Forces the wrongdoer to pay financial compensation (requires a lower standard of proof).
Even if a driver or defendant is found “not guilty” in criminal court, we can often still win a wrongful death judgment against them in civil court.
What Compensation Can Be Recovered?
We fight to recover the maximum compensation to ensure your family is not left with a financial burden. Damages often include:
- Lost Wages: The income and benefits the deceased would have earned over their lifetime.
- Loss of Consortium: Compensation for the loss of a spouse’s companionship or a parent’s guidance.
- Medical & Funeral Costs: All bills related to the final injury and burial expenses.
- Pain and Suffering: For the trauma endured by the victim before passing.
Contact Us for a Private, Free Consultation
If you have lost a family member to a car accident, medical malpractice, or a defective product, please contact us. We will listen to your story with empathy and explain your legal options clearly.
Call the Berniard Law Firm at (504) 521-6000. We are here to help you seek justice for your loved one.