woman hugging eachother

What Is a Wrongful Death Case?

In Louisiana, when a person dies due to the fault of another person, it is considered a wrongful death. If you meet the criteria as a member of the deceased person’s family, you can bring a suit against the liable parties and seek compensation. Many personal injury cases can become wrongful death cases if the victim passes away for reasons related to the accident. Common accidents that result in wrongful deaths include:

  • Major car accidents
  • Truck accidents
  • Medical malpractice
  • Drunk driving accidents
  • Pedestrian accidents
  • Construction accidents
  • Motorcycle accidents

Our Baton Rouge wrongful death accident attorneys can help you understand your rights and choose the best way to seek compensation for your loss.

How Much Is a Baton Rouge Wrongful Death Case Worth?

Your attorney will analyze your case to establish which damages apply and determine your maximum compensation. We can then negotiate with insurance companies for a fair settlement or pursue legal action if necessary. Your possible damages are categorized as the following:

Economic Damages

Economic damages cover the financial costs and losses that the surviving family members face because of their loved one’s death.

  • Medical costs: Your loved one may have received treatment for their injuries before passing away. You may be able to recover damages for these medical expenses.
  • Funeral expenses: Compensation will also cover the cost of laying the deceased to rest.
  • Lost wages: Your family member can no longer provide financially, and this can leave you destitute. Thus, you can recover damages for lost wages.

Other financial costs may not be as evident as medical and funeral costs. A lawyer from our firm can ensure you don’t leave any economic losses out.

Non-Economic Damages

In the aftermath of your loved one’s death, you are also faced with the emotional consequences of their untimely passing. Non-economic damages seek to compensate eligible family members for such intangible losses. This could include:

  • Pain and suffering
  • Emotional distress
  • Mental anguish
  • Loss of companionship and guidance

Spouses may be able to recover damages for the loss of consortium. It covers the loss of companionship, care, and intimacy that the surviving spouse faces.

Punitive Damages

In specific situations, the court can award punitive damages if the liable party’s actions were egregiously negligent, reckless, or illegal. The defendant pays punitive damages as a form of punishment and deterrence against similar acts in the future.

Client Testimonials Hear from locals like you.

Working with Laborde Earles Injury Lawyers was an incredible experience from beginning to end. Jeanne and Kaitlyn were absolutely amazing - profession...

Working with Laborde Earles Injury Lawyers was an incredible experience from beginning to end. Jeanne and Kaitlyn were absolutely amazing - professional and always on top of everything. They kept me informed throughout the entire process and made sure I understood every step along the way. My case was resolved better than expected. I can’t thank them enough.

M
Melody Johnson

New Orleans

The team at Laborde Earls is extremely helpful and knowledgeable. While I would recommend any team member, I would strongly urge you to speak with Mrs...

The team at Laborde Earls is extremely helpful and knowledgeable. While I would recommend any team member, I would strongly urge you to speak with Mrs. Courtney. I spoke with her multiple times, and each time she was patient and answered every question I had. She made me feel like I was the only client. Grateful for her and Laborde Earls!

T
Tracie M.

Working with Toni Stelly has been a great experience. She is compassionate and listens to me when I have a concern or need some information. Toni is q...

Working with Toni Stelly has been a great experience. She is compassionate and listens to me when I have a concern or need some information. Toni is quick to respond to my questions and gets things done!! Good experience working with this firm.

k
kelly

Lake Charles

Courtney Marsh has a positive attitude and great attention to detail in her work!

R
Rhonda C.

Each time I interact with a member of the Laborde Earls team I am always extremely satisfied with the service provided. I had the pleasure of speaking...

Each time I interact with a member of the Laborde Earls team I am always extremely satisfied with the service provided. I had the pleasure of speaking with Mrs. Marsh today. She was extremely knowledgeable in addition to being patient and empathetic. She was able to provide me with the necessary resources and provided me with encouragement throughout the process. I definitely recommend Laborde Earls! Ask for Courtney!

M
Megan Couvillon

Alexandria

I just want to say that Kelby is a wonderful Attorney and will do what ever it takes to make sure you are taking care of. And his Team of Paralegal's,...

I just want to say that Kelby is a wonderful Attorney and will do what ever it takes to make sure you are taking care of. And his Team of Paralegal's, Amber, Toni, Debbie, Alana & Erica are absolutely amazing. You couldn't have ask for better. And to Rachael, she was so sweet the other day when I needed some information about when my advance was going to be ready. Thank you Laborde Earle's Law Firm for always being the Best.

L
Lauren O'Quinn

New Orleans

The team at Laborde Earls is extremely helpful and knowledgeable. While I would recommend any team member, I would strongly urge you to speak with Mrs...

The team at Laborde Earls is extremely helpful and knowledgeable. While I would recommend any team member, I would strongly urge you to speak with Mrs. Courtney. I spoke with her multiple times, and each time she was patient and answered every question I had. She made me feel like I was the only client. Grateful for her and Laborde Earls!

T
Tracie Martin

Alexandria

I highly recommend Alexis Davis and this lawfirm. She is the true definition of professionalism, respect, understanding, patient, and many other thing...

I highly recommend Alexis Davis and this lawfirm. She is the true definition of professionalism, respect, understanding, patient, and many other things. Her detailed skills are very delightful. She goes out of her way to check on us, make sure we don't have any questions, and she is always on point. She moves very quick and always goes above and beyond for us to make sure we understand the process. I am so glad I ran into Laborde Earles and Alexis. Everyone will know about this company for sure and Alexis

R
R.S.

Lafayette

I’m so grateful for the help I received from Renee McCaslin. From start to finish, they were kind, professional, and truly cared about my situat...

I’m so grateful for the help I received from Renee McCaslin. From start to finish, they were kind, professional, and truly cared about my situation. They made everything easy to understand and handled every detail with care. I felt supported the whole way through. I highly recommend Renee McCaslin to anyone looking for a paralegal who goes above and beyond.

R
Rosann Roberts

Lake Charles

Over 1,700 5-Star Reviews

Read More Testimonials

Talk to a Louisiana Local Attorney Today

Get a Free Case Evaluation

Who Can File a Wrongful Death Claim in East Baton Rouge Parish?

The law in Louisiana outlines which surviving family members can file a wrongful death suit and in which order:

  • The decedent’s surviving spouse or children
  • The father or mother if the deceased does not have a spouse or children
  • Brothers and sisters, if the deceased’s parents are not still living
  • Surviving grandparents, if none of the above relatives are applicable

Proving Negligence in a Wrongful Death Claim

For a successful wrongful death claim, you must prove that the defendant demonstrated negligence. To prove negligence, you must prove that:

  • The other party owed your loved one a duty of care
  • The defendant violated their duty of care
  • The defendant’s actions led to the deceased’s eventual passing
  • The death of the deceased resulted in damages

Your Baton Rouge wrongful death accident lawyer can gather credible evidence to prove the defendant’s negligence. This evidence can come from witness testimonies, video footage, and medical files. Our lawyers can obtain quality evidence to build the case and thus help you settle or win it.

branded accent

How Long Does a Wrongful Death Case Take?

Every wrongful death case is different. Some may take a short time to settle, while others take a longer time. Negotiations with the other party can impact how long your case takes. If they are cooperative, you can settle in a relatively shorter time. Sometimes, settling is not possible. Then, a personal representative of the deceased will have to file a wrongful death lawsuit. Negotiations may continue while the case is in court, and you can still reach an agreement.

Our Legal Team We fight for our own.

Meet Our Team

Contact a Baton Rouge Wrongful Death Accident Attorney

If you think your loved one’s death happened because of another person’s recklessness, negligence, or illegal behavior, you have a right to be angry. Other emotions, such as grief, will come as well, and that can make choosing the best course of action challenging.

In these difficult times, you need an ally who will hold the liable party accountable and help you recover the compensation you and your family deserve. Our Baton Rouge wrongful death accident attorneys can investigate the case and advocate for your rights. At Laborde Earles, our team has over 350 years of combined experience with personal injury cases. You can have the peace of mind of knowing we’re on your side and advocating on your behalf. Contact us today to schedule a free consultation and find out how we can help.

View More Articles Trusted Voices Sharing What Matters

closeup of a car with a crashed hood

Blog Louisiana’s New Comparative Fault Law (2026): What the 51% Rule Means for Your Compensation

If you were injured in Louisiana, a recent change in the law could determine whether you recover compensation or nothing at all. As of Janua...

Read Full Article
woman in neck brace talking to lawyer

Blog Louisiana Sets New Two-Year Statute of Limitations for Tort Claims

Now that Louisiana has set a new two-year statute of limitations on tort claims, injury victims will have more time to take legal action for...

Read Full Article
law statue

Blog Digger Earles Honored With Appointment to GLP-1 Plaintiff Steering Committee

In a significant victory for plaintiffs in the high-stakes multi-district GLP-1 litigation, renowned Lafayette personal injury lawyer Digger...

Read Full Article

Guidance you can trust, from people who actually know.

View All FAQs View All Articles

Our Locations Find Your Local Office

Get Legal Help Today Talk to a Louisiana Local Attorney Today

25+ Attorneys Collaboration on every case

Call Anytime Speak to our local team 24/7

(225) 777-7777
This field is required.
This field is required.
This field is required.
This field is required.
This field is required.
Send Message
Accessibility: If you are vision-impaired or have some other impairment covered by the Americans with Disabilities Act or a similar law, and you wish to discuss potential accommodations related to using this website, please contact our Accessibility Manager at (337) 223-9925.