The term "wrongful death" includes the claims of husbands, wives, children, parents, brothers, and sisters when negligence, reckless or intentional misconduct or a hazardous activity has caused the death of a family member. Wrongful death claims include every type of accidental death, no matter the specific cause.

Louisiana law authorizes surviving family members to be compensated for both economic and non-economic losses, including loss of financial support, love, care, comfort, supervision, guidance, household assistance, general society, personal grief and suffering.

Damages are also compensable for the pain and suffering experienced by an accident victim before his or her death. This action for pre-impact and pre-death pain and suffering is called a "Survival Action". Under maritime law, these rights can vary with the specific circumstances involved.

The death of a loved one creates a devastating time for the family. The agony of the loss is compounded when death is caused by the wrongful acts of another. Not only is there the mental anguish understandably associated with the wrongful death, but there are often medical or hospital expenses and funeral expenses which must be addressed, as well as the loss of financial support for the survivors.

If you have lost a loved one, it is important to talk to attorneys experienced in handling wrongful death law suits. At Broussard & David, we will use our decades of combined legal experience in handling wrongful death claims to protect your legal rights.

Louisiana Civil code Art. 2315.2. Wrongful death action (as of 2005)

A.   If a person dies due to the fault of another, suit may be brought by the following persons to recover damages which they sustained as a result of the death:

1. The surviving spouse and child or children of the deceased, or either the spouse or the child or children.
2. The surviving father and mother of the deceased, or either of them if he left no spouse or child surviving.
3. The surviving brothers and sisters of the deceased, or any of them, if he left no spouse, child, or parent surviving.
4. The surviving grandfathers and grandmothers of the deceased, or any of them, if he left no spouse, child, parent, or sibling surviving.

B.   The right of action granted by this Article prescribes one year from the death of the deceased.

C.   The right of action granted under this Article is heritable, but the inheritance of it neither interrupts nor prolongs the prescriptive period defined in this Article.

D.   As used in this Article, the words "child", "brother", "sister", "father", "mother", "grandfather", and "grandmother" include a child, brother, sister, father, mother, grandfather, and grandmother by adoption, respectively.

E.   For purposes of this Article, a father or mother who has abandoned the deceased during his minority is deemed not to have survived him.

Louisiana Civil Code Art. 2315.1. Survival action (as of 2005)

A.   If a person who has been injured by an offense or quasi offense dies, the right to recover all damages for injury to that person, his property or otherwise, caused by the offense or quasi offense, shall survive for a period of one year from the death of the deceased in favor of:

1. The surviving spouse and child or children of the deceased, or either the spouse or the child or children.
2. The surviving father and mother of the deceased, or either of them if he left no spouse or child surviving.
3. The surviving brothers and sisters of the deceased, or any of them, if he left no spouse, child, or parent surviving.
4. The surviving grandfathers and grandmothers of the deceased, or any of them, if he left no spouse, child, parent, or sibling surviving.

B.   In addition, the right to recover all damages for injury to the deceased, his property or otherwise, caused by the offense or quasi offense, may be urged by the deceased's succession representative in the absence of any class of beneficiary set out in Paragraph A.

C.   The right of action granted under this Article is heritable, but the inheritance of it neither interrupts nor prolongs the prescriptive period defined in this Article.

D.   As used in this Article, the words "child", "brother", "sister", "father", "mother", "grandfather", and "grandmother" include a child, brother, sister, father, mother, grandfather, and grandmother by adoption, respectively.

E.   For purposes of this Article, a father or mother who has abandoned the deceased during his minority is deemed not to have survived him.

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