A Louisiana family's guide to wrongful death claims
"Guiding you through the hard parts."
Scroll
Inside this guide
Take it at your pace
Nothing here needs to be read today. Tap any line to jump straight to it.
A message from our family
You shouldn't have to navigate this alone
If you are reading this, you have likely suffered an unimaginable loss. We are deeply sorry.
When someone is taken suddenly, grief takes everything you have. The last thing you should be carrying is a legal system, an adjuster on the phone, or a decision about your family's future.
We wrote this guide because clarity brings comfort. For decades our family has stood beside Louisiana families in their darkest hours. The process can feel cold and confusing. It doesn't have to be.
A claim cannot bring your loved one back. It can provide accountability, protect your family, and make sure their story is heard. We carry the legal weight so you can focus on healing.
Chip & Jonathan Forstall
New Orleans, Louisiana
Before we begin
Things to keep in mind
i
Every loss is different
There is no standard wrongful death case. The circumstances, the family, the weight of it — all unique to you. You are not a file number here.
ii
Evidence disappears quickly
Skid marks fade. Footage records over. Memories blur. The sooner we begin, the stronger your case will be.
iii
Don't face the insurer alone
Adjusters are trained to minimize payouts. They may sound kind. Their job is their company's bottom line. Let us take those calls.
iv
This is about a life, not an incident
Proving fault matters. But the heart of the claim is the person — their character, their role, the love they gave. We make sure that is seen.
Things to keep in mind — continued
v
It takes time — but never silence
Investigation, negotiation, sometimes litigation. It will not happen overnight. You will be kept informed at every step, with 24/7 visibility into your case.
vi
Honest facts protect the case
We need the full story — the good and the difficult. Knowing early lets us address weaknesses before the other side finds them.
vii
Accountability matters
A successful claim does more than provide stability. It holds negligent parties responsible and can prevent the same tragedy from finding another family.
The most powerful cases are built not just on evidence of fault, but on evidence of a life fully lived — and a family forever changed.
The process at a glance
The journey ahead
First conversation
A free, confidential meeting to hear your story and tell you honestly whether you have a claim.
Evidence preserved
We move within days to secure reports, footage, records, and witnesses before they are gone.
The claim is opened
We notify the responsible parties and their insurers — and the calls to you stop.
Every responsible party identified
Drivers, employers, contractors, manufacturers, and every policy that may apply.
Records gathered
Medical, financial, and personal records that show both the incident and the life.
The journey ahead — continued
Damages calculated
With you, and where needed with economists and medical experts, we measure the full loss.
Demand & negotiation
A formal demand goes out, and we negotiate hard on your family's behalf.
Suit, if it's needed
If the offer isn't fair, we file. We are trial-ready from day one.
Resolution
Settlement, mediation, or verdict — accountability, and an end you can move forward from.
I
Phase One
Understanding the claim
What a wrongful death claim actually covers, who holds the right to bring it, and why the calendar matters more than anything else right now.
Two claims, not one
Most families are bringing two separate claims.
Wrongful death claim
For the family
Compensates surviving family members for their own losses — grief, the loss of love and companionship, and the financial support your loved one would have provided.
Survival action
For the estate
Recovers what they endured between the injury and their passing — physical pain, mental anguish, and medical expenses before death.
Deadlines — and they changed
In Louisiana the filing deadline is called prescription. Since August 1, 2025, a claim must generally be brought within one year of the death, or two years from the date of the injury — whichever is longer. Malpractice, maritime, and government claims follow different and shorter rules. Never assume you have time.
Who holds the right
Louisiana decides in order
The law limits who may file, and it moves down the list only when no one in the class above survives.
1Surviving spouse and childrenTogether, if both survive
2Surviving parentsIf no spouse or child survives
3Surviving brothers and sistersIf no parents survive
4Surviving grandparentsIf no siblings survive
When several family members share the same class, they share the right to bring the claim together. If your family situation is complicated — blended families, estrangement, adoption, a succession already opened — tell us early. It is common, and it is workable.
II
Phase Two
Telling your loved one's story
A claim is built on evidence. Its foundation is a human life. This is the part where we make sure the people responsible understand the full weight of what they took.
Why this matters
They will try to make a spreadsheet of a life.
Insurance companies and defense lawyers reduce a person to lost wages and medical bills. Our work is to make sure the adjuster, the judge, and the jury see everything that number leaves out.
We will ask you for stories, photographs, and memories. We know what that costs you. We will go at your pace, and we will handle every one of them with care.
We want them to see the person, not just the incident.
Questions we'll explore together
Nothing to prepare. Just start where it's easiest.
Their passions, their humor, their habits — the things that made them unmistakably themselves.
The provider, the caregiver, the peacemaker, the one who held the holidays together and kept traditions alive.
How they spent their time, and how the people around them felt in it. Ordinary days are often the most persuasive evidence there is.
Emotionally, practically, financially. Who relied on their presence every single day, and what has that absence changed?
The traditions, routines, and plans that ended with them — including the ones that were still ahead of you.
If a judge, a jury, or an insurance company could know one true thing about the person behind this case, what would it be?
Write down whatever comes, whenever it comes. There are no wrong answers, and nothing has to be finished in one sitting.
III
Phase Three
Building the case
While you take care of your family, our team builds a fortress of evidence around your claim. Here is what that actually looks like.
Our work
Five things happening in the background
We send formal spoliation letters that legally require companies to hold what they have — video, vehicle data recorders, internal emails, maintenance logs. Much of it is set to be destroyed on a schedule.
Police and incident reports, scene and hospital records, the death certificate, autopsy or coroner findings where they apply, photographs of the scene and vehicles, and interviews with every witness we can reach.
The person directly at fault often carries nowhere near enough coverage. We look for commercial policies, umbrella policies, employer liability coverage, and your own uninsured or underinsured motorist coverage.
When a trucking company, contractor, property owner, or manufacturer is responsible, they arrive with a defense team already assembled. We have the experience and the resources to meet that.
Accident reconstructionists to show how it happened, medical experts to explain cause of death and pre-death suffering, and economists to project the lifelong financial impact on your family.
Your part is small, and it matters
Send us anything that arrives in the mail. Tell us immediately if anyone contacts you. And keep us posted on how your family is holding up — it affects the claim more than you'd think.
Where these cases come from
Each one carries its own defendants and deadlines.
Swipe
Motor vehicle
Cars, motorcycles, rideshare, and fleet vehicles — the most common source of these claims.
What we look for
Crash data, phone records, and every policy that applies, including your own UM coverage.
Commercial trucks
18-wheelers and delivery trucks, with a corporation and its insurer standing behind the driver.
What we look for
Driver logs, maintenance history, and federal safety violations — preserved within days.
Workplace & industrial
Construction sites, refineries, and plant operations where a shortcut turns routine work deadly.
Dangerous property conditions, inadequate security, and negligent maintenance.
What we look for
Surveillance footage, prior incidents, and proof the owner knew about the hazard.
Medical negligence
Surgical errors, missed diagnoses, and other failures in the standard of care.
What we look for
Independent expert review, and the pre-suit steps Louisiana requires before filing.
Maritime & offshore
Deaths aboard vessels, on docks, and offshore — governed by federal law, not state law.
What we look for
Jones Act seaman status, unseaworthiness, and an entirely separate set of deadlines.
Many losses cross more than one category. Call and we will tell you honestly what we see — there is no cost for the conversation.
IV
Phase Four
Damages, resolution & closure
Determining the true value of what was taken, and fighting for a resolution that gives your family security, accountability, and — in time — some peace.
What compensation may cover
Six categories, weighed against the facts of your case.
Funeral & burial
The reasonable costs of laying your loved one to rest.
Medical expenses
Emergency response, hospital care, and treatment before death.
Financial support
The income, benefits, and contributions they would have provided over a lifetime.
Love & companionship
The emotional void, the lost guidance, the irreplaceable role they held.
Survival damages
The pain and anguish they endured between the incident and their passing.
Loss of services
Childcare, household management, maintenance — the daily work that held things together.
Amounts depend entirely on the facts and are never guaranteed. Any lawyer who promises you a number before reviewing the file is telling you what you want to hear.
The path to resolution
How a case ends
i
Negotiation
A full demand package goes to the insurer, and we negotiate from strength.
ii
Suit & discovery
If the offer isn't fair, we file. Both sides exchange information and take sworn depositions.
iii
Mediation
Many cases resolve here — a settlement conference led by a neutral third party, without a trial.
iv
Trial
If mediation fails, we go before a judge or jury. We prepare every case as if it will go there.
Our promise is not a number. It is that we will not stop working for your family until this is finished.
Document checklist
Gather what you can
Don't worry about what's missing — we can obtain most of these directly. Tap to check off what you already have.
Bring this to your consultation
Questions to ask us — and any lawyer you meet.
01Who in our family has the legal right to bring this claim?
02What specific deadlines apply to our case?
03Should we open a succession for the estate right now?
04What should I say if the insurance company calls me?
05What documents do you need from us this week?
06How long does a case like this typically take?
07What if the responsible party was working for a company?
08How does a criminal charge affect our civil case?
Questions to ask — continued
09What if several family members want to be involved?
10How are case expenses, medical liens, and fees handled?
11Will we have to go to court, or is this likely to settle?
12How often will you update us?
13What range of outcomes is realistic here?
14Are there weaknesses in our case we should know about now?
15What is your experience with cases like ours?
16What do you need from us to get started immediately?
When you're ready
What to do now
Take care of your family first
The legal process can wait a few days — but not weeks.
Don't speak with their insurer
If they call, say you're represented and give them our number. That's the whole conversation.
Stay off social media
Defense teams monitor accounts routinely. Silence protects you.
Start one file
Every bill, letter, and report in one place. The checklist above will help.
What to do now — continued
Write down what you remember
Details fade fast — including the names of anyone who saw what happened.
Don't sign anything
No releases, no settlement papers — not before we've read them.
Mind the deadline
Prescription is unforgiving in Louisiana, and the rules changed recently.
Call when you're ready
No pressure, no obligation, no cost. We answer 24/7 for families in crisis.
Managing expectations
What we can promise, and what we can't.
—
This takes time
Thorough investigation and hard negotiation cannot be rushed. We move as fast as the system allows, but doing it right beats doing it fast. Most cases take months. Some take longer.
—
Insurers protect themselves first
They may move quickly with a low offer, before anyone knows what the claim is worth. We are here so that grief is never used as leverage.
—
Every case is unique
Some resolve in negotiation. Others require a trial. We prepare for trial from day one — which, more often than not, produces the better settlement.
—
No guarantees, absolute commitment
No lawyer can promise you a result. We can promise that we will fight, communicate honestly, and treat your family the way we would want ours treated.
In their words
What families say about working with us.
Swipe
From the moment I contacted their team, I felt supported, informed, and truly cared for. They guided me through every step with compassion, and I always felt like a priority.
Verified Google review
If you're reading these reviews for peace of mind: rest assured. His whole team kept me well informed, always took my calls, and delivered a just result.
Verified Google review
You never have to guess what's going on with your case. They keep in contact every step of the way — professional, easy to work with, and kind.
Verified Google review
Everyone who worked on our case kept us in the loop, and we were always greeted with warmth. They treated us like family from the first day to the last.
Verified Google review
Reviews are from clients across our personal injury and wrongful death practice. Every case is different, and past results never guarantee a future outcome.
A final word from the firm
We are here when you need us
The days ahead will be hard. There will be paperwork, phone calls, and decisions that feel impossible. We do not just handle cases here — we protect families.
We will carry the legal burden so you can focus on healing. We will answer your calls, fight for your rights, and stand beside you until this is done.
This guide is for information only and is not legal advice. Reading it does not create an attorney-client relationship. Louisiana wrongful death claims are subject to strict deadlines that vary by claim type. Please speak with a licensed Louisiana attorney about the specific facts of your case. No fees unless we win.
