Louisiana Wrongful Death Lawyer
Lunsford, Baskin & Priebe PLLC represents families across Louisiana who have lost a spouse, parent, or child to a fatal accident, from New Orleans and Baton Rouge to Lafayette, Lake Charles, and Shreveport. A Louisiana wrongful death lawyer does two things for a grieving family at once: builds the claim against whoever caused the death, and keeps a sharp eye on the deadlines that decide whether the claim survives at all.
Those deadlines changed recently, and many families and even some lawyers still work from old assumptions. Louisiana’s rule today is a “whichever is longer” test: one year from the date of death or two years from the date the injury occurred. A person who is hurt in a crash, lingers for months, and then dies may leave their family more time than the old one-year rule ever allowed. A sudden death leaves the family one year at minimum. Knowing which clock applies to your situation is the first piece of real work on any file.
Many of the deaths we see start as workplace events, and that is where our practice is rooted. A fatal fall on a construction site, an explosion at a plant, or a crash involving a company truck can trigger a workers’ compensation death claim and a separate wrongful death action against a negligent third party at the same time. The two must be coordinated, not handled in isolation.
Why Choose Lunsford, Baskin & Priebe for a Wrongful Death Claim
Lunsford, Baskin & Priebe PLLC is a Mississippi and Louisiana firm whose practice is built around injured workers and the families who depend on them. We have recovered more than $100 million in settlements for clients across both states. We take cases on a no recovery, no fee basis, consultations are free, the firm advances the costs of the case, and our phones are answered 24 hours a day. Spanish-speaking families can work with our team in their own language, hablamos espanol, from the first call forward.
The people handling your case matter. Rob Lunsford, our founding partner, has spent his entire legal career representing injured workers. Brad Baskin and Jennifer Priebe, both partners, have been recognized by Best Lawyers, Super Lawyers, and The National Trial Lawyers, and the firm was ranked by Best Law Firms in 2026 for Workers’ Compensation Law, Claimants, in Jackson. Andrew Rueff has successfully tried dozens of jury and bench trials to verdict and has argued personal injury and insurance cases before state appellate courts. Keaton Belk and Erin Heimlicher round out a team that works together on each file.
Results show what that experience can produce. The firm has secured settlements of $685,000 for a surgical tech with a lower back injury, $600,000 for a construction worker with a complex back injury, $385,000 for a project manager injured when he was struck in his work vehicle, and $221,000 for a land-based oil rig worker with severe burns. Those are injury outcomes, not death claims, but they reflect the same skill that wrongful death cases demand: building medical and economic proof against insurers that dispute every number. Clients regularly describe an attorney who fought the insurance company at every step and a team that listened to their situation.
Fatal Accidents That Lead to Louisiana Wrongful Death Claims
- Fatal Work Accidents: Falls from scaffolding, struck-by incidents, and equipment failures on construction sites and industrial projects can support both a comp death claim and a third-party lawsuit against a contractor, property owner, or equipment maker.
- Oil Field, Refinery, and Plant Deaths: South Louisiana’s petrochemical corridor and offshore support industry produce explosions, fires, and crush injuries, often involving multiple companies whose responsibilities must be sorted out.
- Truck and Commercial Vehicle Crashes: Interstate traffic on I-10, I-12, and I-20 brings heavy freight through the state, and a fatal collision may involve a driver, a carrier, and a maintenance or loading company.
- Car and Motorcycle Collisions: Distracted, impaired, or speeding drivers cause deaths on city streets and rural highways alike, and a worker killed in a crash during the workday may have claims on two tracks.
- Premises Liability Deaths: Unsafe property conditions, inadequate security, and failure to warn of hazards can make an owner or manager answerable when someone dies on their property.
- Delayed Deaths After Serious Injury: When an injured person dies months later from complications, the timing affects which deadline governs and how the claim is built.
- Occupational Illness and Exposure: Firefighters and first responders can die from job-related heart and lung disease, cancer, and other conditions, which raises both comp death benefits and questions about outside liability.
What a Family Should Do After a Fatal Accident in Louisiana
The first priority is evidence, which disappears quickly. Photographs of the scene, the names of witnesses, the police or incident report, the vehicles and equipment involved, and any surveillance footage should be preserved or requested before they are lost or overwritten. If the death happened at work, ask the employer in writing to preserve its records, and report the death to the employer promptly. Louisiana’s workers’ compensation law requires notice of an injury or death within thirty days, and a missed notice can complicate a death benefits claim that would otherwise be strong.
Be careful with insurance adjusters. Early calls from an employer’s carrier or the at-fault party’s insurer often include requests for a recorded statement or a quick release. Statements about what the deceased was doing, whether they were rushing, or whether they had a prior medical condition get used later to argue fault. You are not obligated to give one, and it is wise to speak with a lawyer first.
Who can bring the action, and when, are the questions that matter most. Louisiana law ranks beneficiaries in order: the surviving spouse and children share first, then parents if there is no spouse or child, then siblings, then grandparents. The wrongful death action is filed within one year of death or two years of the injury, whichever is longer. A wrongful death claim built on medical malpractice stays on the shorter one-year-from-death limit, so those families cannot wait. There is also a separate survival action that preserves the pain and suffering the deceased experienced before dying, and it now follows the same timing rule. Both are normally filed in the state district court for the parish where the death or injury occurred.
If a worker died, the comp side runs separately. A death claim goes before a workers’ compensation judge at the Office of Workers’ Compensation Administration, and dependents may be entitled to burial expenses and weekly death benefits. A judgment can be appealed to the proper Louisiana court of appeal, generally within thirty days when the appeal is meant to suspend the judgment. Dependents who accept comp benefits do not lose the right to sue a negligent outside party, but the carrier may hold a reimbursement claim against that recovery, which is why one team should handle both matters.
How Fault Rules Can Shrink or Erase a Louisiana Death Claim
Louisiana changed its comparative fault rule. For causes of action arising on or after January 1, 2026, a claimant who is found 51 percent or more at fault recovers nothing, and a claimant under that line has the award reduced by their share of fault. Claims arising earlier remain under the older pure comparative fault system, where recovery is reduced but never barred. In a wrongful death case, the deceased’s own conduct is part of the equation, so the defense will try to push fault onto the person who can no longer speak for themselves.
That makes proof of the deceased’s actions critical. Defendants commonly argue that a worker ignored a safety rule, that a driver was distracted or speeding, or that a pedestrian crossed carelessly. Our approach is to answer those theories with the physical evidence, expert reconstruction where needed, witness accounts, and employer safety records. Every percentage point shifted away from the deceased matters, and under the new rule a swing across the 51 percent line decides whether the family recovers anything at all.
Damages in a Louisiana death case can include the loss of love, affection, and companionship, the lost financial support the person would have provided, funeral and medical expenses, and the pain and suffering captured in the survival claim. Building the economic side takes real work, including the deceased’s work history, earning capacity, and the household’s reliance on their income, which is territory our attorneys know well from years of wage-loss cases.
Questions Families Ask About Louisiana Wrongful Death Cases
How long do we have to file a wrongful death lawsuit in Louisiana?
The deadline is one year from the date of death or two years from the date the injury was sustained, whichever gives more time. A sudden death generally leaves one year. If the person survived the injury for a period before dying, the two-year measure from the injury may extend the window. Because the right deadline depends on the facts, do not guess; confirm it with a lawyer early.
Does the deadline change for a medical malpractice death?
Yes. A wrongful death claim based on medical malpractice stays limited to one year from the date of death. The longer two-year-from-injury option does not rescue it, so families who suspect a medical error should act quickly.
Who is allowed to file a wrongful death claim in Louisiana?
Louisiana sets a priority order. The surviving spouse and children come first, then parents if there is no spouse or child, then siblings, then grandparents. A higher class generally cuts off a lower one, which is why identifying the right plaintiffs is a threshold step.
What is the difference between a wrongful death claim and a survival action?
A wrongful death claim compensates the family for what they lost because of the death. A survival action belongs to the deceased and covers what they suffered between the injury and death, including pain and suffering. Both are usually brought together and now follow the same timing rule.
Can we pursue both workers’ compensation death benefits and a lawsuit?
Often yes. Comp benefits come from the employer’s insurance regardless of fault, while a lawsuit targets a negligent third party such as a contractor, equipment maker, or other driver. The comp insurer may seek reimbursement from a third-party recovery, so the two need to be planned together.
What if our loved one was partly at fault?
It depends on when the cause of action arose. For claims arising on or after January 1, 2026, fault of 51 percent or more bars recovery, and lower fault reduces it proportionally. Earlier claims reduce recovery without a bar. Either way, the defense will emphasize the deceased’s conduct, so fault is often the most contested issue.
Will my loved one’s pre-existing health condition ruin the case?
Not automatically. If the accident caused or hastened the death, a prior condition does not defeat the claim, though insurers raise it constantly. Medical evidence tying the death to the incident is what answers that argument.
How long does a wrongful death case usually take?
There is no fixed answer. Cases with clear liability and cooperative insurers may settle in months, while disputed fault, multiple defendants, or a catastrophic loss can take considerably longer and sometimes go to trial. Our attorneys prepare each file as if it may be tried, since that preparation also drives better settlement offers.
What does it cost to hire your firm for a death case?
Nothing up front. Consultations are free, the firm advances case costs, and we are paid only if we recover for the family. Fees in compensation matters are limited and approved under state law.
Can a family member who lives outside Louisiana bring the claim?
Residence does not by itself bar a qualified beneficiary, but where the death occurred and who the defendants are can shape where and how the case is filed. Discuss the particulars with us, and if Spanish is your preferred language, our team can work with you in it.
Do I need to wait for the police or comp investigation to finish before calling a lawyer?
No. Waiting can cost you evidence and time. Early involvement lets us preserve records, interview witnesses, and monitor the official investigations while protecting your deadlines.
Wrongful Death Representation for Families Across Louisiana
We handle fatal injury claims throughout the state, starting in the greater New Orleans area with Orleans, Jefferson, St. Bernard, and Plaquemines parishes, and extending across the Northshore and River Parishes. In and around Baton Rouge, our work reaches families in the surrounding Capital Region communities. Through Acadiana and Southwest Louisiana, we represent clients in Lafayette, Lake Charles, and the towns around them, and in the northwest we serve Shreveport and Bossier families as well as those in north Louisiana generally. South Louisiana’s refinery, offshore, and shipyard communities are a regular part of our work.
Because many fatal workplace and highway events cross the state line, we also represent families in Mississippi, including Jackson, Madison, Hattiesburg, Southaven, the Gulf Coast, the Delta, and north Mississippi. Wherever the loss happened, the same attorneys can coordinate a comp death claim and a third-party lawsuit in either state.
Speak With a Louisiana Wrongful Death Attorney Today
If your family has lost someone to a fatal accident, you should not have to untangle deadlines, insurance carriers, and fault arguments while you grieve. A Louisiana wrongful death attorney at Lunsford, Baskin & Priebe PLLC can review what happened, tell you which deadlines apply, and explain how any workers’ compensation death benefits and a lawsuit fit together. Our phones are answered 24 hours a day, consultations are free, and you pay no fee unless we recover for your family. Call us to talk through your situation.
