Licensed in Louisiana, Texas, and Arkansas
Licensed in Louisiana, Texas, and Arkansas
What to expect during a Louisiana wrongful death lawsuit is a series of clear stages: a case review and investigation, filing the claim, discovery, negotiation or mediation, and a trial only if the case does not settle. Most cases resolve before trial, often in a span of months to over a year. Throughout the process, the family makes the key decisions while the attorney handles the legal work and the deadlines.
For a grieving family, the legal system can feel like a maze on top of an already unbearable loss. Knowing what a wrongful death lawsuit actually involves takes some of the fear out of the unknown.
The process follows a predictable path, even though every case has its own pace and details. At My Lawyer Abby, the personal injury practice of Lukov Injury Law LLC, we walk New Orleans families through each stage so nothing comes as a surprise.
This guide lays out what to expect from the first call to the final resolution. Contact us today to ask what the process would look like for your family.
A wrongful death lawsuit is a civil case that asks the at-fault party to pay for the losses their negligence caused. It is built on Louisiana Civil Code Article 2315.2, which sets who can file and what the family can recover.
The case moves through a series of stages, from investigation to resolution, and most do not reach a courtroom. Settlement is the common ending, but a strong case is built as if it could go all the way to trial.
In plain terms, the family and their attorney work to prove fault and damages, while the other side looks for reasons to pay less. The steps below show how that plays out from start to finish.
Each stage has its own purpose, and rushing one tends to weaken the case. We move through them in order so the family knows where things stand at each point.
How long the whole process takes depends on the facts and on whether the other side disputes fault. Some cases resolve in months, while others that head toward trial run a year or more, and we set honest expectations early.
Everything starts with a conversation about what happened and whether a claim exists. A free case review costs nothing and helps a family understand their options before committing to anything.
Once retained, we begin investigating right away, because evidence fades fast. The early work usually includes the steps below.
This stage sets the foundation for everything that follows. The stronger the early investigation, the stronger the family’s position later.
We also use this stage to explain the road ahead in plain terms. Knowing what to expect from the start helps a family make calm, informed choices instead of rushed ones.
There is no cost to learn where a family stands, since the review is free and the work runs on a contingency basis. That lets a family weigh a claim without taking on a bill while they are already stretched.
When the facts support a claim, the next step is filing a lawsuit in the proper court. The filing names the eligible family members and the parties believed to be responsible.
Filing also protects the claim against the deadline, which is one reason not to wait. After the lawsuit is served, the defendant has a set time to respond.
Filing does not mean the case will end in a trial. Many suits are filed and then settled later, with the court paperwork serving to protect the family’s rights and apply pressure.
Only certain family members may bring the claim under Louisiana Civil Code Article 2315.2, which lists the eligible parties in a fixed order. A surviving spouse and children come first, then surviving parents, then siblings, and the filing reflects that order. We confirm who has the right to file before the lawsuit goes in, so the claim is brought by the proper parties from the start.
The court then sets a schedule that the case follows from there. That timeline gives the family a clearer sense of how the months ahead will unfold.
Discovery is the formal exchange of information between the two sides. It is often the longest stage, and it is where the strength of a case becomes clear.
Both sides use several tools to learn what the other knows. The most common are listed below.
We use discovery to lock in the proof of fault and damages. We handle Louisiana wrongful death claims with the kind of careful discovery that pushes insurers toward a fair result.
Discovery can feel slow, but it is where cases are won. The records and sworn answers gathered here become the backbone of any settlement or trial that follows.
This stage can also surface new at-fault parties or insurance coverage the family did not know about. What turns up in the records sometimes reshapes the value of the whole case.
With the evidence developed, most cases move into serious settlement talks. The two sides exchange offers, and a neutral mediator often helps bridge the gap.
Mediation is a structured meeting where both sides try to reach an agreement without a trial. It gives a family more control over the outcome than a verdict would.
A settlement only happens if the family agrees to it. We advise on whether an offer reflects the full loss, but the decision rests with the family.
Settlement talks weigh more than the medical bills and lost income alone. A wrongful death claim also accounts for the family’s loss of companionship, guidance, and support, which makes valuing the case a careful process rather than a simple sum. We walk the family through how each piece of the loss factors into a number before any offer is accepted or declined.
A good mediation can resolve a case in a single day, sparing a family months of litigation. When it does not settle, the same preparation carries straight into trial.
When the sides cannot agree on fault or a fair amount, the case goes to trial. A judge or jury hears the evidence and decides the outcome.
A trial gives a family a public finding of responsibility, though it also carries more risk and time. Many of these cases grow out of fatal car accidents and 18-wheeler collisions, where the facts can be hotly contested.
We prepare every case as if it will be tried, which strengthens the family’s hand whether the case settles or not. That preparation is what keeps a fair settlement on the table.
A Louisiana wrongful death trial usually runs before a jury, though some cases are decided by a judge alone. Each side gives an opening, presents witnesses and documents, and closes with an argument on fault and damages. The jury or judge then assigns responsibility and, if the family prevails, sets the amount of the award.
At trial, both sides present evidence and witnesses, and the family may be asked to testify. We prepare families for that step so the courtroom feels less daunting when the day comes.
When a case resolves, the recovery is divided among the eligible family members. The wrongful death portion goes to the surviving beneficiaries for their own losses.
The survival action portion belongs to the deceased and passes through their estate. When children are among the beneficiaries, a court may review how the funds are divided to protect their share.
Most families work on a contingency basis, which means the attorney is paid from the recovery rather than out of pocket. We explain how the recovery breaks down so there are no surprises at the end.
Resolution can bring a measure of closure, even though it cannot undo the loss. Our goal is to leave a family with both a fair recovery and a clear understanding of how it was reached.
The legal process is hard to face alone, but it becomes far more manageable with someone who handles each step for you. At My Lawyer Abby, we carry the legal work from the first call to the final resolution so your family can focus on healing.
You work directly with Abby, not a case manager, and the first conversation is a free case review. Call us today to find out what your family’s wrongful death case could look like.
Disclaimer: This article provides general information and should not be treated as legal advice. Laws change over time, and outcomes depend on the specific facts of each case. No attorney-client relationship is created by reading this article or contacting Lukov Injury Law LLC. For advice about your situation, contact a qualified attorney. Time limits apply to legal claims, so do not delay in seeking legal help.
A wrongful death lawsuit moves through a case review and investigation, filing the claim, discovery, negotiation or mediation, and a trial only if the case does not settle. It ends with a resolution and the sharing of any recovery. Most cases settle before reaching a courtroom.
It depends on the facts and whether the case settles. Some claims resolve in several months once liability is clear, while contested cases that head toward trial can take a year or more. Discovery is often the longest stage, and a careful case is usually worth the time it takes.
No. Most wrongful death cases settle before trial, often after discovery shows each side the strength of the evidence. A case goes to trial when the parties cannot agree on fault or on a fair amount. Even so, preparing for trial helps a family reach a fair settlement.
Discovery is the formal exchange of information between the two sides. It includes written questions answered under oath, requests for documents and records, and depositions, which are recorded interviews of witnesses and parties. This stage is where the proof of fault and damages is locked in.
The recovery goes to the eligible beneficiaries set by law: first a surviving spouse and children, then parents, then siblings. The wrongful death portion goes to the survivors for their own losses, while the survival action portion passes through the deceased’s estate. A court may review a minor’s share.
Not in most cases. The majority of wrongful death claims settle through negotiation or mediation without a trial. A family may need to attend a deposition or mediation, but many do not see a courtroom. Going to trial happens only when a fair settlement cannot be reached.
Most wrongful death cases are handled on a contingency basis, which means the attorney is paid from the recovery rather than up front. A free case review costs nothing, and there are usually no fees unless the case succeeds. This lets families pursue a claim without adding financial stress.
For most claims, the deadline is the longer of one year from the date of death or two years from the day the fatal injury occurred, under the rule effective August 1, 2025. Medical malpractice claims can follow a one-year deadline. Filing on time is necessary to protect the claim.
