Baton Rouge Wrongful Death Lawyer

Over $1 Billion Won by Fatal Accident Attorneys in Baton Rouge

There is nothing as devastating as losing a loved one. The pain and loss are only made worse when our loved ones are taken from us by other people's carelessness, negligence, or recklessness. In our experience, few people need justice as much as the individuals left behind by fatal accidents. Families in these cases are distraught, robbed, and sometimes even financially ruined by the loss of a primary income earner. These effects can haunt families for decades if left unresolved.

At Clayton, Frugé & Ward, our Baton Rouge wrongful death attorneys represent plaintiffs who have been unjustly robbed of a loved one's presence, care, and security due to the negligence of others. Our firm has secured over $1 billion in verdicts and settlements for plaintiffs throughout Louisiana, helping them obtain justice and lifelong security while holding reckless people accountable for their wrongdoing. Let us discuss your best options for pursuing a wrongful death lawsuit so we can help secure your future and, at least in part, right the wrong committed against you and your family.

Call (225) 209-9943or contact us onlinefor a free consultation with a Baton Rouge wrongful death lawyer at our firm.

What Makes Someone's Death “Wrongful?”

Under Louisiana law, a “wrongful” death occurs when someone dies as a result of another person or party's negligent, reckless, or wrongful behavior. In other words, if someone else was at fault for your loved one's passing, their death is likely considered “wrongful.” 

Wrongful death lawsuits often arise from the following types of incidents: 

• Motor vehicle accidents, including collisions between cars, trucks, motorcycles, and 18-wheelers
• Pedestrian and bicycle accidents involving motor vehicles or unsafe conditions
• Serious falls, including falls from heights and slips, trips, and falls
• Workplace accidents, including electrocutions, explosions, and other serious incidents 
• Unsafe property conditions, leading to animal attacks, falls, fires, and other fatal accidents
• Construction accidents, such as forklift or crane failures, scaffolding accidents, and more
• Medical negligence, including misdiagnosis, failure to treat, and surgical errors 

These are just some examples of how wrongful deaths may occur. If your loved one passed away, and you believe someone else is to blame, reach out to our wrongful death lawyers in Baton Rouge to learn more about your right to hold the at-fault party accountable and seek justice for your family. 

Who Can File a Wrongful Death Claim in Baton Rouge?

Wrongful death claims in Baton Rouge are governed by Louisiana's Napoleonic Code, a unique legal framework that sets our state apart from others across the U.S. In Louisiana, wrongful death laws allow the surviving family members to seek compensation for the losses they've endured due to the untimely death of a loved one caused by another's negligence. In other words, if your family member passed away, and someone else is at fault, you may have grounds for a wrongful death lawsuit. But not everyone is eligible to file a wrongful death claim in Louisiana. 

Under state law, the people entitled to bring a wrongful death action in Louisiana are typically limited to the following:

• Spouses
• Children
• Parents
• Siblings or grandparents (under limited circumstances)

Because filing a wrongful death lawsuit can be very complicated, it's essential that eligible survivors work with a qualified attorney who understands how the process works and what steps to take to pursue just compensation. At Clayton, Frugé & Ward, we have extensive experience navigating the court systems in Baton Rouge and throughout Louisiana. Our team meticulously prepares every case for trial with the goal of securing the best possible outcome for our clients. Even if your case does not go to trial, this preparation is key, as it shows defendants that our firm is willing to fight for every penny you and your family are owed.

Filing a Wrongful Death Claim in Baton Rouge: How the Process Works 

When a loved one dies because of someone else’s fault, the legal process that follows can feel confusing and urgent. In Louisiana the law is specific about who may sue, what losses can be recovered, and how quickly a claim must be started. 

While the exact legal process may differ slightly from case to case, filing a wrongful death claim in Baton Rouge usually includes the following steps: 

• Evidence Preservation and Investigation: Collect police reports, medical records, photographs, witness names, and any physical evidence. Early investigation preserves critical (and perishable) evidence and helps calculate damages.
• Notice and Insurance Demands: In many cases the at-fault party’s insurer will be contacted first. Your attorney will often send a demand package outlining liability and damages to give the insurer an opportunity to resolve the claim before suit.
• Filing the Petition: If a settlement cannot be reached, a formal petition (lawsuit) is filed in the district court that has jurisdiction. In Baton Rouge that is the Nineteenth Judicial District Court (East Baton Rouge Parish). The petition names the defendants, alleges liability facts, and states the damages sought. The clerk’s office then processes the filing and civil process (service) is arranged.
• Service of Process and Initial Response: Defendants are served and given time to file an answer. Early litigation steps include default investigation, preliminary motions, and setting a discovery schedule.
• Discovery and Expert Evidence: Discovery (written questions, document requests, depositions) uncovers facts and builds proof. Common experts in wrongful death cases include medical examiners, treating physicians, accident reconstructionists, and economists (to quantify lost wages and support).
• Settlement Negotiations and Mediation: Most wrongful death cases settle before trial. Courts in Baton Rouge commonly encourage mediation; many judges require or strongly promote alternative dispute resolution.
• Trial (If Necessary): If settlement fails, the case may proceed to trial before a judge or jury in the 19th JDC. At trial, evidence is presented and damages proved. Then, the judge awards a verdict. 

Note that Louisiana gives wrongful death (and survival claims) a strict one-year prescriptive period that begins on the date of the decedent’s death. That one-year deadline is unforgiving: if you do not timely file, your claim is likely lost even if liability is clear. Because of this short window, families should act quickly to preserve rights and evidence.

Practical Tips for Families Filing Wrongful Death Claims in Baton Rouge

• Act Quickly: Because of Louisiana’s one-year prescriptive period, it's important to hire legal counsel as soon as possible. Waiting to assemble evidence can cost your claim.
• Preserve Records: Ask hospitals, employers, and first responders for copies of medical records, personnel files, and incident reports.
• Do NOT Sign Releases or Give Recorded Statements to Insurers Without Legal Advice: Insurers may request statements or quick releases. Talk to an attorney first.
• Hire Local Counsel Familiar with Louisiana and East Baton Rouge Practice: Local attorneys, like ours, will know the 19th JDC rules, typical judges’ practices, and local expert witnesses.

What Is a Survival Action? 

Louisiana recognizes two distinct causes of action after a fatal injury. A wrongful death claim compensates the survivors for losses they personally sustained because of the death (loss of support, loss of love and affection, funeral expenses, etc.). A survival action (sometimes filed at the same time) preserves the decedent’s own claims that arose before death—medical bills, pain and suffering the decedent endured, and other losses the victim could have recovered had they lived.

Investigating Fatal Accidents in Baton Rouge

Every fatal accident is the result of multiple poor choices overlapping and compounding on one another. Our job is to investigate each and every one of those choices, holding every party accountable for their part in the loss of someone's life. By doing this, we aim to make sure that those responsible for your loved one's death are made to answer for their choices. We strive to ensure that all liable parties contribute to what the law calls “making you whole.” We leave no stone unturned and no possible path to justice unexplored. 

To build a thorough case, we often collaborate with expert witnesses and industry specialists who can provide insights into the technical and legal aspects of your case that may not be immediately apparent. We examine every detail from accident reports, eyewitness testimonies, medical records, and available video evidence to support your claim. Our meticulous process often leads to the uncovering of hidden factors vital for establishing liability and obtaining justice on your behalf.

What Compensation Can Be Recovered in a Wrongful Death Case? 

A successful wrongful death lawsuit not only brings the responsible party to justice; it also provides financial relief to surviving family members who are struggling with the grief and loss of a loved one. While no amount of financial recovery can ever come close to undoing the tragic loss you have suffered, a fair settlement or verdict can provide the breathing room you need to manage unexpected medical expenses, the loss of income from a primary earner, funeral costs, and more. 

In Louisiana, you may be entitled to the following wrongful death damages: 

In some cases, wrongful death claims can result in something called “punitive damages,” which are issued by the court in cases where defendants displayed egregious or criminal negligence. Punitive damages are awarded to plaintiffs on the basis of punishing the defendant, incentivizing them to never repeat their mistakes. Punitive damages sometimes help plaintiffs feel heard by the court, which is often an important element of achieving closure and the ability to heal.

How Long Do You Have to File a Wrongful Death Claim in Baton Rouge?

In Louisiana, the statute of limitations on most wrongful death lawsuits is just two years from the date of death. If the death occurred before July 1, 2024, the statute of limitations is just one year. In legal terms, this is not much time at all. 

If you think your loved one's passing was even partially related to someone else's actions, you should speak with a wrongful death attorney in Baton Rouge as soon as possible. If you're not sure if you have the right to file, the law typically allows spouses, children, and parents to bring a wrongful death suit forward. If you don't fall under any of those categories but were a part of the victim's family, speak with us to learn if you have any recourse under the law.

Our team offers guidance on navigating the entire legal process, from gathering necessary documentation to filing a lawsuit within the applicable deadline. We are proactive in gathering and preserving evidence from the onset, preserving your rights to recovery and justice in the wake of unimaginable loss. 

Navigating Baton Rouge's Legal System

Baton Rouge's legal environment is shaped by its unique Napoleonic Code, which differs significantly from common law structures found in other states. This can present challenges for those unfamiliar with local courts and procedures. Clayton, Frugé & Ward is deeply familiar with the Baton Rouge judicial system, which allows us to guide our clients effectively through each stage of the wrongful death process, from filing claims to navigating complex litigation procedures.

We maintain strong relationships with local court officials and key legal figures, enabling us to provide our clients with timely insights and strategic advantages. This local knowledge ensures that we can pursue each case thoroughly and strategically, considering every detail that could impact the final judgment or settlement.

Louisiana Workplace Fatalities: High-Risk Industries in Baton Rogue & Beyond

Baton Rouge is home to several industries with an elevated risk of serious accidents and workplace fatalities. Our area's large industrial economy, many highways, and growing construction sector all contribute to an environment where workplace accidents are, unfortunately, all too common. Below, we explore some of the most dangerous industries in Baton Rouge where wrongful death claims frequently arise.

1. The Oil & Gas Industry

Baton Rouge is a hub for the oil and gas industry, with multiple refineries and petrochemical plants operating in and around the city. While these facilities provide significant employment opportunities, they also pose a heightened risk of on-the-job accidents. Workers in refineries are exposed to hazardous materials, high-pressure systems, and complex machinery, all of which can lead to deadly accidents if proper safety protocols are not followed.

In Baton Rouge, fatal plant and refinery accidents often involve explosions, fires, and exposure to toxic chemicals. Transporting hazardous materials, such as oil or natural gas, also presents serious risks, particularly when accidents occur on the road. A wrongful death claim may arise if negligence by the employer, equipment manufacturers, or third-party contractors contributed to the fatal incident. 

Additionally, oil refineries and petrochemical plants are subject to stringent safety regulations. Many fatal incidents occur as a result of safety violations and employers ignoring important regulations meant to keep workers safe. Our attorneys' in-depth understanding of OSHA standards and other regulatory frameworks helps us identify regulatory breaches and employer violations, allowing us to not only determine who is responsible but also fight to hold those responsible parties accountable for worker injuries and deaths. 

2. Construction & Manufacturing

The construction and manufacturing industries are major contributors to Baton Rouge's economy, but they also carry a high risk of fatal workplace accidents. 

Common causes of death in these industries include: 

• Falls from heights
• Being struck by falling objects
• Equipment malfunctions
• Accidents involving heavy machinery
• Contact with equipment 
• Electrocution or electrical shock

Many of these incidents have underlying causes, such as inadequate training, poor supervision, or faulty safety equipment. When employers violate safety regulations or ignore standards meant to protect workers, they can and must be held accountable. 

When fatal construction and manufacturing accidents occur, the surviving families may be entitled to compensation through a wrongful death claim, especially if the employer or a third-party contractor failed to provide a safe working environment. Our team is adept at dissecting the often complex contractor and subcontractor relationships within construction projects. We examine each involved party's obligations and potential liability in order to pursue full accountability for our clients. This often involves consulting with safety experts to substantiate claims related to safety protocol violations or negligent practices.

3. Transportation & Trucking 

Baton Rouge is located at the crossroads of several major highways, like I-10 and I-12. As a result, our city sees a high volume of traffic, including the presence of many commercial trucks. With more traffic comes an increased likelihood of traffic accidents, including fatal collisions with big rigs and 18-wheelers, especially in areas with congested traffic, poor road conditions, or inclement weather. In fact, commercial vehicle accidents are a leading cause of wrongful death claims in Baton Rouge, as collisions involving 18-wheelers and other large trucks often result in catastrophic injuries or fatalities due to the sheer size and weight of these vehicles.

Truck drivers are often under pressure to meet tight deadlines, which can lead to fatigue, speeding, or negligent driving practices. In addition to the truck driver, liability may extend to the trucking company, vehicle manufacturers, or even the entity responsible for maintaining the roads. Families who lose a loved one in a fatal trucking accident may pursue a wrongful death claim to recover damages for medical bills, funeral costs, and the loss of future income and companionship, among other damages. 

Our Baton Rouge wrongful death lawyers know how to handle these complex claims. We are familiar with the commercial transportation industry's regulations and can examine driver logs, maintenance records, and company policies to identify lapses that may have contributed to the accident. We examine all potential sources of retribution so that our clients can work to recover the resources they need to heal and move forward.

Baton Rouge Wrongful Death FAQ

What Is the Statute of Limitations for Wrongful Death Cases in Baton Rouge?

In Baton Rouge, as well as the rest of Louisiana, you have one year from the date of your loved one's death to file a wrongful death claim. This is due to Louisiana's strict statute of limitations, which applies to most wrongful death cases with very few exceptions. If you fail to file within this one-year window, you may lose your right to seek compensation. It's important that you consult with a wrongful death attorney in Baton Rouge as soon as possible to preserve your right to pursue justice.

What Are the Most Common Causes of Wrongful Death in Baton Rouge?

In Baton Rouge, fatal car accidents are one of the most common causes of wrongful death, particularly on busy highways like I-10 and I-12, which are known for heavy truck traffic and dangerous conditions. Baton Rouge also has a significant industrial presence, leading to numerous workplace fatalities in industries like oil refining, chemical manufacturing, and construction. Additionally, medical malpractice and nursing home negligence are notable contributors to wrongful death claims, especially as Baton Rouge has a large healthcare sector with numerous hospitals and care facilities. Violent crimes can also result in wrongful death claims, particularly in cases where negligent security or criminal acts were a factor.

What Compensation Can I Recover in a Wrongful Death Lawsuit in Baton Rouge?

You may be eligible to recover various types of compensation to help cover the losses associated with your loved one's passing. This compensation can include economic damages, such as medical expenses incurred before death, funeral and burial costs, and the loss of future income or financial support that the deceased would have provided. You may also recover non-economic damages for emotional suffering, the loss of companionship, and the mental anguish you've experienced as a result of the loss. In some cases, you may be awarded punitive damages if the death was caused by particularly egregious or reckless behavior.

Can I File a Wrongful Death Claim If I Was Financially Dependent on the Deceased?

If you were financially dependent on the deceased, you might have the right to file a wrongful death claim. Typically, immediate family members, such as spouses, children, and parents, are eligible to file a wrongful death lawsuit in Louisiana. However, if you don't fall into these categories but can demonstrate financial dependence, you may still have a claim. This includes proving how the deceased contributed to your living expenses and financial well-being. At Clayton, Frugé & Ward, we assess your situation comprehensively to establish a clear picture of your dependence and strategize the best legal approach.

What Should I Look for in a Baton Rouge Wrongful Death Lawyer?

When looking for a Baton Rouge wrongful death attorney, consider their track record in handling similar claims and their ability to effectively navigate complex legal issues. Look for testimonials from past clients and any recognitions from reputable legal organizations. Another important factor is the firm's commitment to personal attention—being accessible and transparent throughout the process is critical. At Clayton, Frugé & Ward, our deep-rooted community connections and significant wins underscore our dedication to achieving justice for Baton Rouge families facing these tragic circumstances.

How Is Negligence Determined in Wrongful Death Cases?

Proving negligence in a wrongful death case involves demonstrating that the defendant owed a duty of care to the deceased, breached this duty, and directly caused the fatality as a result. In other words, the plaintiff (the person filing the claim) must prove that the defendnat (the person or party against whom they are filing the claim) had a legal responsibility to act in a certain way or refrain from certain actions that could cause injury or death. The plaintiff must also prove that the defendant failed to do this, and that this failure was the proximate cause of their loved one's death.  Proving these elements requires a thorough examination of the evidence, as well as eyewitness accounts and, possibly, expert testimony. In Baton Rouge, local regulations and standard practices can also  affect how negligence is established. At Clayton, Frugé & Ward, we meticulously gather and analyze all pertinent details to build a compelling case that articulates the negligent actions or inactions that led to your loved one's passing. Our methodical approach helps our attorneys uncover the truth and, importantly, pursue the justice you and your family deserve. 

Are Wrongful Death Settlements Taxable in Louisiana?

In Louisiana, most wrongful death settlements are not considered taxable income, which means that families can focus entirely on healing and recovering from their loss without financial burdens imposed by taxes. However, it’s important to be aware that certain portions of a settlement may be taxable, depending on how the court categorizes specific compensations. For example, punitive damages can sometimes be subject to taxation. Families should consult with knowledgeable attorneys and financial advisors to fully understand their specific situation and ensure compliance with any necessary tax regulations.

What Evidence Do I Need for a Wrongful Death Case?

Key evidence in wrongful death cases often includes medical records, accident reports, and documentation of any safety violations or negligent acts. Photographs, video footage, and expert analyses can also play crucial roles in establishing liability. In Baton Rouge, having a deep understanding of local regulations and industry standards can be critical, as many wrongful death cases arise from incidents in industries like oil, construction, and transportation. At Clayton, Frugé & Ward, we take a comprehensive approach to collecting evidence, working closely with experts and investigators to ensure every piece of information is thoroughly scrutinized and effectively leveraged in your case.