Wrongful Death Attorneys in Baton Rouge Helping Families After a Tragic Loss
As opposed to a personal injury claim, a wrongful death claim is filed by the family of a person who lost their life in an accident. In cases such as these, the deceased is not available to give testimony, and it is up to witnesses and a strong legal team to compile evidence against those responsible parties after the fact.
Our Louisiana personal injury law firm has handled wrongful death cases arising from a wide range of negligence, including anything from unsafe working conditions in commercial fishing to construction accidents to excessive hazing in college fraternities. Wrongful death can occur in any area of work or recreation, in any part of the world, with one common denominator: the reckless, irresponsible, or otherwise wrongful actions of a third party.
At Arnold & Itkin, we understand that a large settlement or verdict will not bring your spouse, child, or parent back, but you have and will continue to endure great pain and loss following your loved one’s incident. We want to help by fighting for your compensation so that you have the means to lead a comfortable life. After all your suffering at the hands of another reckless party, we feel you deserve a chance at recovery and want to be the team to help you achieve it.
Contact our Louisiana offices to discuss your case with our Baton Rouge wrongful death lawyers. You can reach our attorneys at (888) 493-1629.
In Louisiana, wrongful death claims are governed by specific state laws that determine who can file a claim and within what timeframe. The law is strict about who may file a claim and in what order they may do so.
The right to file a wrongful death lawsuit in Louisiana is prioritized as follows:
The Surviving Spouse and/or Children: The decedent’s surviving spouse or child/children are granted first rights to file a wrongful death claim or lawsuit.
The Surviving Parent(s): If there is no surviving spouse or child, the decedent’s mother and/or father are next in line when it comes to filing a claim.
The Surviving Sibling(s): If the decedent does not have a surviving spouse, child, or parent, their surviving brothers and/or sisters are permitted to file a claim.
The Surviving Grandparent(s): In the absence of any surviving spouse, child, parent, or sibling, the decedent’s grandparent(s) may pursue compensation.
The list of surviving family members who may bring a wrongful death claim or lawsuit includes both blood relatives and adopted relatives, such as an adopted child or adoptive parent, sibling, or grandparent.
Regardless of your relationship to the decedent, you have just one year to file a wrongful death lawsuit in Louisiana. In most cases, if you fail to file your lawsuit within the one-year statute of limitations, you’ll lose your right to recovery.
What Is a “Wrongful Death?”
Under Louisiana law, a death is considered “wrongful” if it occurred as a result of another person or party’s negligent or unlawful conduct. Essentially, a wrongful death claim is a personal injury lawsuit on behalf of someone who passed away and, therefore, cannot file the claim themself.
Leading Causes of Unintentional Death in Louisiana
Wrongful deaths (and wrongful death lawsuits) can arise from all types of situations, but they are rarely true accidents. Rather, these tragedies often arise because someone, whether a distracted driver or a negligent employer, behaved carelessly, recklessly, or with disregard for the safety of others.
In Baton Rouge, and throughout Louisiana, the leading causes of wrongful death include:
Motor Vehicle Accidents: Car crashes, motorcycle wrecks, and large commercial truck collisions are among the most common causes of fatalities in Louisiana. According to the Center for Analytics and Research in Transportation Safety (CARTS), there were 66 traffic fatalities just in East Baton Rouge Parish in 2024 and, in total, 753 people died in motor vehicle accidents statewide. Data from the Insurance Institute for Highway Safety (IIHS) show that Louisiana is in the top 10 states for highest traffic accident fatality rates in the U.S. (17.7 deaths per 100,000 population in 2023).
Workplace Fatalities: Louisiana is home to many dangerous industries, from our large oil and gas sector to our many ports and maritime operations. In these and other occupations, workers are often at risk of catastrophic injury and death. According to the Bureau of Labor Statistics, Louisiana saw a total of 104 worker deaths in 2023, the majority of which occurred in “production, transportation, and material moving occupations.”
Accidental Poisoning: Accidental poisoning (including legal and illegal drug overdose) is one of the leading causes of unintentional death in Louisiana. In fact, a report from Partners for Family Health, a division of the Louisiana Department of Health’s Office of Public Health, found that Louisiana’s poisoning rates were higher than the national average in 2019 with a total of 1,288 poisoning-related deaths.
Violence, Including Firearm Use: Though not “accidental,” violence is a leading cause of death in Louisiana. According to the CDC, 1,266 people died due to firearm-related injuries in Louisiana in 2022. Per capita, Louisiana had the second-highest firearm fatality rate in the U.S. Not all firearm-related fatalities are intentional, and not all fatal acts of violence involve guns, but these statistics show how common this type of incident is here in Louisiana.
Other common causes of unintentional deaths in Louisiana include falls, drowning, electrocution, toxic exposure, and defective products, including faulty medical devices and medications. If your loved one passed away due to someone else’s negligence, you likely have a case. Contact us today to learn more.
Losing a loved one suddenly leaves most families unsure of what to do next. Taking a few practical steps in the days and weeks after a fatal accident can help protect your options while you are still processing your grief. These actions are not about rushing into a lawsuit; they are about preserving information and giving yourself time to make thoughtful decisions about whether to speak with a local wrongful death lawyer in Louisiana.
For families in and around Baton Rouge, it can be helpful to gather basic documents related to the incident, such as any police reports, incident reports from an employer or property owner, and the death certificate once it is issued. Photographs, text messages, and notes about what you remember can all become important later, especially in cases involving collisions on I-10 or I-12, work incidents along the Mississippi River, or events investigated by the Baton Rouge Police Department or East Baton Rouge Sheriff’s Office. You do not need to organize everything perfectly; simply keeping this information in one place can make it easier for you and your legal team to review later.
Many families also have concerns about speaking with insurance companies, employers, or property owners after a fatal event. Before signing any paperwork, giving a detailed recorded statement, or accepting a payment, it is wise to understand what rights you may be giving up. A brief conversation with a Baton Rouge wrongful death attorney can help you sort through what needs immediate attention, such as benefits paperwork or funeral arrangements, and what can wait until you have had the chance to understand your legal options.
Seeking Justice Through a Wrongful Death Lawsuit in Baton Rouge
Navigating the emotional aftermath of such a loss can be overwhelming. Having a dedicated legal partner who comprehends both the human and legal aspects is crucial. Our team is committed to not only securing financial compensation but also providing a compassionate support system through this challenging time. We are ready to shoulder the legal burdens so you can focus on healing.
When families contact us after a fatal incident, we start by listening carefully to their story and explaining how Louisiana’s wrongful death laws apply to their situation. From there, we gather key documents, such as accident reports, medical records, and employment information, and begin a detailed investigation into what happened and why. In a typical case, that work can include interviewing witnesses, consulting with industry and medical professionals, and preserving critical evidence before it disappears. Throughout the process, we make sure our clients understand each step so they can make informed choices about how to move forward.
Our Louisiana wrongful death settlements and verdicts include:
$27.7 million, the largest wrongful death award in Louisiana history, for an offshore worker who was struck by a large section of aging pipeline during a removal operation, claiming his life.
$10.9 million against Union Pacific on behalf of a Louisiana family who lost a mother of four and left her five-year-old daughter paralyzed as a result of a railroad crossing accident.
$1.6 million for the family of a seaman who lost his life when a spud barge struck a high-pressure underwater gas line, which ruptured, caught fire, and caused an explosion.
We have secured countless other verdicts and settlements to help families rebuild. Our wrongful death attorneys in Baton Rouge are ready to help you, too. We have been recognized by leading legal organizations, such as Best Lawyers®, The National Trial Lawyers, and Forbes, among many others.
Seeking Recovery for Financial & Emotional Damages
Even if the emotional distress caused by the death of your loved one was not enough, it often comes with overwhelming financial consequences as well. Not only are there immediate financial burdens, but wrongful death also allows for these burdens to continue in the future.
When you seek compensation for financial damages in a wrongful death case, you are seeking:
Medical & Funeral Expenses: If your loved one did not immediately pass away after the incident, but was instead on life support or required surgery, you may have extensive medical bills to cover. Additionally, the cost of funerals is steadily increasing. If this death was the fault of another party, you should be reattributed these expenses.
Loss of Future Wages: Your loved one’s ability to provide for their family has been wrongfully cut short, and this could continue to place your surviving family in economic hardship.
Loss of Benefits: If your loved one’s employee benefits covered your family, you may find yourself in a position where your family now is without medical insurance and other crucial benefits.
Apart from the financial damages, you and your family are continually struggling with the emotional ramifications of your sudden loss. Louisiana wrongful death suits also allow compensation for the emotional distress this death has caused.
Pain & Suffering: The agony and natural grief you feel after the death of a loved one is an experience that you have been put through unfairly.
Loss of Care, Protection, Guidance & Advice: Especially in cases of spouses or children, they have lost the care they would have received and the opportunity to seek the advice they desperately need from that individual.
Loss of Love & Companionship: You have lost a vital influence in your life, and we believe the courts should recognize the value of these emotional necessities that you and your family are now missing because of this death.
Pursuing justice for a wrongful death involves acknowledging not only the tangible losses but also the emotional void that has been left. This process provides a sense of closure by addressing the profound impact of the death on surviving family members' lives and honoring the memory of your loved one through rightful legal channels.
Why Baton Rouge Trusts Us for Wrongful Death Cases
The people of Baton Rouge trust Arnold & Itkin for handling their wrongful death cases because of our unwavering commitment to justice and unparalleled compassion for grieving families. With an exceptional track record of successful outcomes, we are dedicated to standing by your side every step of the way. Our approach involves thorough investigation and evidence gathering, utilizing our resources to build a strong case focused on securing rightful compensation.
Our commitment to our clients goes beyond just legal representation. We see each engagement as an opportunity to foster lasting relationships, treating our clients as we would our own family. The testimonials from families we have assisted over the years serve as a testament to our dedication and integrity. Baton Rouge can rely on us to not only fight for the justice they deserve but to also provide an empathetic support system throughout the process.
“I always knew they had our best interests at heart, that they cared about us…Now we can finally get over grieving and get a little happier in life, so we don't have to relive it every day.”
- Stacy and Kelsey, widow and daughter of barge explosion victim
Common Concerns & Misconceptions
When faced with the decision of whether to file a wrongful death lawsuit or even to involve an attorney, it's perfectly normal to have questions and concerns. Unfortunately, there are also a lot of misconceptions about the legal process and how it may affect you and your family. We're here to offer some clarity on these issues.
"Filing a lawsuit will take years, and I need answers now." The length of a wrongful death case varies based on the circumstances, the parties involved, and whether it settles or goes to trial. Some cases resolve in several months once investigation is complete and liability is clear. Others, particularly those involving multiple defendants or complex facts, can take a year or more. What matters is that your attorney works efficiently to build the strongest case while keeping you informed at every step. During your consultation, we'll give you a realistic timeline based on your specific situation.
"If I file a lawsuit, I'll have to testify in court." Most Louisiana wrongful death claims settle without a trial. Settlement negotiations happen behind the scenes, and many cases resolve before a trial date is even set. If the responsible party refuses to accept fair responsibility, filing a lawsuit and preparing for trial may be necessary, but even then, most cases settle before reaching a jury. Others settle while a trial is underway. We prepare every case as if it's going to trial because that's what gets results, but we'll never force you into a courtroom if a fair settlement is possible. Every choice is made with your interests in mind.
"I can't afford an attorney—I'm already struggling financially." Our Baton Rouge wrongful death attorneys work on contingency, which means there are no upfront costs and no attorney's fees unless we win your case. We advance all litigation expenses (court filing fees, expert witnesses, medical record retrieval, investigation costs, and more) and those are only reimbursed from your recovery at the end. You'll never have to choose between paying bills and pursuing justice for your family.
"It feels wrong to put a price on my loved one's life." This is one of the most common and most understandable concerns families have. Filing a wrongful death lawsuit isn't about putting a dollar value on someone's life. It's about holding the responsible party accountable and ensuring your family isn't left financially devastated on top of emotionally devastated. Medical bills, funeral costs, lost income, and the loss of support your loved one provided are real, tangible damages. Compensation doesn't bring them back, but it can provide stability and security when you need it most.
"The company's insurance will take care of everything." Insurance companies exist to protect their bottom line, not to look out for grieving families. Their goal is to pay as little as possible, or nothing at all. They may offer a quick settlement that sounds reasonable but falls far short of what your case is actually worth. Once you accept and sign a release, you might not be able to go back for more. Having an attorney who understands the full value of your claim ensures you're not taken advantage of when you're most vulnerable.
"It's too late to file—the accident happened a while ago." Louisiana's wrongful death statute of limitations is generally one year from the date of death, though some exceptions may apply. If you're unsure whether you're still within the filing deadline, call us immediately. Even if significant time has passed, we can evaluate your situation and let you know where you stand. The sooner you reach out, the better—but don't assume it's too late without talking to a wrongful death attorney in Baton Rouge first.
Call (888) 493-1629 for a Free Review of Your Louisiana Wrongful Death Case
At Arnold & Itkin, the emotional and financial devastation you and your loved ones are experiencing due to this tragedy resonates with us, and we use this compassion to motivate our devotion to your case. We have won numerous multi-million dollar outcomes in wrongful death cases, and while we know this is no guarantee for your situation, we still want to learn more about how we can help you and your family.
Choosing the right legal representation can make all the difference in how your family navigates this difficult time. Our wrongful death law firm in Baton Rouge offers a personalized approach, investing the time and resources necessary to build a strong and resonating claim on your behalf. We provide experienced guidance and steadfast support, ensuring that your journey through the legal process is as smooth as possible.
If you are in Louisiana and feel that the death of your loved one was the fault of another, call our team at (888) 493-1629. The road to recovery will begin with your free consultation.
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Is There a Cap on Wrongful Death Damages in Louisiana?
There is no set limit on the amount of financial compensation that may be awarded in a wrongful death lawsuit in Louisiana. There is a $500,000 cap on medical malpractice cases and cases against government agencies, however. To find out if limits may apply to your case, we recommend talking to an attorney. It’s also important to note that Louisiana has one of the shortest statutes of limitation on wrongful death actions–you have one year from the date of your loss to file suit.
How Long Does It Take to Settle a Wrongful Death Case?
Some wrongful death cases settle relatively quickly, within a matter of months, but others may take one or more years to be resolved. How fast your case moves will depend on the defendant and how willing they are to negotiate to reach a fair settlement, or whether your case must go to trial. Some cases settle before or during a trial, again depending on what evidence we are able to bring to the table and whether the defendant will play ball, so to speak. With any Louisiana wrongful death case, our lawyers take the approach that will yield the best possible outcome–one that brings answers and accountability.
Who Can File a Wrongful Death Lawsuit in Louisiana?
Only certain family members can file a wrongful death lawsuit in Louisiana. Who can file will depend on whether the person who died was married, had children, and other factors. A surviving spouse or child/ren, surviving parent/s, surviving sibling/s, surviving grandparent/s, or the estate of the deceased may file a wrongful death suit in Louisiana. The deceased’s spouse or children would have priority in filing. If the deceased was unmarried and had no children, the parent or parents would be able to file. If the deceased had no spouse, children, or parents, his or her siblings would be able to file, and so on.
How Long Do I Have to File a Wrongful Death Claim in Louisiana?
The statute of limitations for wrongful death claims in Louisiana is generally one year from the date of the person’s death. This limited timeframe necessitates prompt legal action to preserve the right to pursue damages. Delays can complicate proceedings and potentially undermine the offenders’ accountability. It is crucial for grieving families to seek immediate legal consultation to ensure that all paperwork and evidence are appropriately and timely assembled. This critical step helps safeguard your legal options and sets the foundation for a thorough evaluation of your claim.
Why Choose Arnold & Itkin for Your Baton Rouge Wrongful Death Claim?
Choosing Arnold & Itkin means choosing a team that understands the deep personal pain of losing a loved one unexpectedly. We strive not only to act as your legal representatives but also as part of your support system, bearing the logistical burdens of your wrongful death claim while you focus on healing with your family. Our experienced Baton Rouge wrongful death attorneys employ empathetic and strategic approaches to ensure that justice is pursued in your loved one's memory. We are committed to achieving favorable outcomes that honor your loss and provide the necessary resources to rebuild your lives.
What Damages Can Be Recovered in a Wrongful Death Claim?
In a wrongful death claim, plaintiffs may seek a variety of damages, both economic and non-economic, designed to address the financial and emotional impacts of their loss. These can include medical expenses incurred before the deceased's passing, funeral and burial costs, lost wages and potential earnings, loss of consortium and companionship, and emotional suffering endured by the family. The valuations of such damages are complex and typically require expert financial analysis and legal interpretation. Skilled legal assistance is pivotal in comprehensively documenting and presenting these damages to ensure proper acknowledgment and compensation.
