What is the difference between a wrongful death claim and a survival action in Louisiana?

A wrongful death claim under La. C.C. Art. 2315.2 (https://www.legis.la.gov/legis/Law.aspx?d=109371) is the family's claim for their own losses: companionship, financial support, services, and funeral costs. A survival action under La. C.C. Art. 2315.1 (https://www.legis.la.gov/legis/Law.aspx?d=109370) is the decedent's claim passed to survivors: their own pain and suffering, medical bills, and lost wages between injury and death. Both can be filed simultaneously in the same lawsuit in the Fourth Judicial District Court in Monroe, but they recover different categories of damage.

Who has priority to file a wrongful death claim in Ouachita Parish?

Louisiana law under La. C.C. Art. 2315.2 (https://www.legis.la.gov/legis/Law.aspx?d=109371) sets a strict hierarchy: (1) surviving spouse and children, (2) parents, (3) siblings, (4) grandparents. If a higher-priority class exists, the lower classes cannot file at all. A parent of the deceased cannot file if an adult child is alive, regardless of the parent's relationship to the deceased or the child's intention to file. This is not an estate claim and does not pass through probate. The same hierarchy applies to survival actions under La. C.C. Art. 2315.1 (https://www.legis.la.gov/legis/Law.aspx?d=109370).

Can multiple family members in the same class file separately, or must they file together?

Members of the same priority class typically pursue the wrongful death claim jointly or through a single coordinated action. They share the recovery pro-rata within their class. Each member's individual damages (their personal loss of companionship, their financial dependency) are calculated separately by the court. An attorney should coordinate representation among all eligible claimants in the class to avoid procedural conflicts.

Does comparative fault affect a wrongful death claim if the deceased was partially at fault?

Yes. Under La. C.C. Art. 2323 (https://www.legis.la.gov/legis/Law.aspx?d=109387), if the decedent is found 51% or more at fault for a death from an accident on or after January 1, 2026, the family recovers nothing under Act 15 of the 2025 Regular Session (HB 431). At 50% or less, recovery is reduced proportionally by the decedent's fault percentage. Insurance adjusters routinely try to assign the decedent fault above 50% because it eliminates the entire claim. Accident reconstruction and fault analysis are essential in any contested case.

What damages are available in a survival action that are different from wrongful death damages?

The survival action recovers the decedent's own damages: pain and suffering they experienced between injury and death, medical expenses incurred before death, and wages lost from the injury date to death. These categories are not available in the wrongful death action. The duration of conscious survival and the intensity of suffering documented in medical records are the primary evidence. A death that was instantaneous typically cannot support this element. Louisiana does not cap wrongful death or survival action damages in non-medical-malpractice cases. Medical malpractice wrongful death claims are subject to the $500,000 cap under La. R.S. 40:1231.2. Claims against Ouachita Parish or the City of Monroe are subject to the $500,000 governmental liability cap under La. R.S. 13:5106.

Where are wrongful death cases for Monroe filed?

Wrongful death cases for Monroe are filed in the Fourth Judicial District Court in Monroe, which serves Ouachita and Morehouse parishes. Cases may also be filed in federal court under certain circumstances (diversity jurisdiction for out-of-state defendants with claims above $75,000). Most wrongful death cases in Monroe proceed through discovery, expert depositions, a pretrial conference, and either settlement or jury trial.

Does Trey Morris Injury Lawyers handle wrongful death cases that also involve criminal charges against the at-fault party?

Yes. A criminal prosecution and a civil wrongful death claim are separate proceedings. A criminal conviction helps the civil case because it establishes fault and intent, but it is not required. If no criminal charges are filed, the civil claim proceeds independently. If the at-fault party is acquitted criminally, the civil wrongful death claim can still succeed. The civil burden of proof is lower: preponderance of evidence, not beyond reasonable doubt. Trey Morris Injury Lawyers coordinates with any ongoing criminal proceedings and uses all available evidence from both proceedings.

monroe wrongful death attorneys | Trey Morris Injury Lawyers

When a wreck or a workplace incident in Monroe turns fatal, the person is taken to Ochsner LSU Health Monroe Medical Center or St. Francis Medical Center, both on Jackson Street and both Level III trauma centers, and the Ouachita Parish Coroner’s Office takes over from there. Inside the city limits the Monroe Police Department writes the report; outside them it is the Ouachita Parish Sheriff’s Office on St. John Street. An Ouachita Parish death case is filed in the Fourth Judicial District Court at 300 St. John Street, and the Ouachita Parish Clerk of Court on South Grand Street holds the record. In the first week Trey Morris Injury Lawyers requests the crash report, the coroner’s file, and the hospital chart, sends preservation letters for any vehicle or equipment involved, and confirms which relatives hold the claim.

The law that governs the claim is Louisiana law, and it is the same in Ouachita Parish as in every other parish. Wrongful death claims in Monroe are governed by La. C.C. arts. 2315.1 and 2315.2, which define who has standing to file, what damages are available, and the applicable prescriptive periods. The cases are heard in the Fourth Judicial District Court in Ouachita Parish. Recent tort reform changes affect both the prescriptive period and the comparative fault rules that apply to these claims.

Wrongful Death and Survival Actions in Ouachita Parish

Louisiana provides two causes of action when a person dies due to another’s fault. A wrongful death action under La. C.C. art. 2315.2 compensates surviving family members for their own losses caused by the death. A survival action under La. C.C. art. 2315.1 allows recovery of the damages the deceased suffered between the time of injury and death.

Both actions can be filed simultaneously in the Fourth Judicial District Court in Monroe. They are distinct claims with different plaintiffs and different damages. The wrongful death claim belongs to surviving family members individually. The survival action belongs to the estate and passes to heirs. Both proceed through the same lawsuit and can be tried together.

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Standing to File Under Louisiana Law

La. C.C. art. 2315.2 establishes a priority hierarchy for wrongful death claimants. The surviving spouse and children have exclusive first priority. If no spouse or child survives, the right passes to parents, then siblings, then grandparents. The highest-priority class with surviving members has exclusive standing. Members of lower-priority classes cannot file while a higher-priority claimant exists.

This exclusivity rule is strictly enforced in Louisiana courts. A parent of the deceased cannot file a wrongful death claim if an adult child is alive, regardless of the parent’s relationship to the deceased or the child’s intention to file. The same hierarchy applies to survival actions under La. C.C. art. 2315.1.

What We Handle

Monroe Practice Areas

Proving Fault in a Monroe Wrongful Death Case

Fault in a wrongful death case uses the standard negligence analysis under La. C.C. art. 2315. The plaintiff must prove that the defendant owed a duty, breached it, and that the breach caused the death. The deceased person’s own comparative fault under La. C.C. art. 2323 reduces recovery proportionally. For deaths from accidents on or after January 1, 2026, a decedent found 51 percent or more at fault bars recovery entirely under Act 15 of the 2025 Regular Session (HB 431).

Evidence in wrongful death cases in Ouachita Parish includes Monroe Police Department or Ouachita Parish Sheriff’s Office accident reports, medical records from St. Francis Medical Center or LSU Health Monroe, autopsy and coroner reports from the Ouachita Parish Coroner’s Office, witness statements, and accident reconstruction expert testimony. Building a complete evidentiary record requires prompt action to preserve time-sensitive documents and witness accounts.

Representative Results

$409 Million Wrongful Death

A tragic case where an impaired driver of a commercial vehicle ran a red light, then collided with our client, causing serious bodily injury to the mother and the loss of life of her daughter.

$49 Million Motor Vehicle Accident

An impaired driver of a stolen vehicle driving the wrong way collided with our client head-on, resulting in brain injury and multiple broken bones.

$32.2 Million Industrial / Workplace

Failure to maintain proper safety protocols led to an explosion at an industrial plant causing a series of catastrophic injuries from broken bones, burns, spinal injury, and mental anguish.

$31.5 Million Industrial / Workplace

Brain and spinal injuries followed an oil-field company failing to maintain equipment and provide a safe work site.

$17.2 Million Commercial Vehicle Accident

Client was struck head-on by a disconnected load of an 18-wheeler that crossed the median causing broken bones and amputation.

$13 Million Commercial Vehicle Accident

On the interstate, an 18-wheeler failed to yield right of way then made an unsafe lane change causing the accident which resulted in major bone breaks, damaged organs, and ultimately a leg amputation.

$12.1 Million Motor Vehicle Accident

A commercial vehicle failed to stop at a red light subsequently crashing into our client causing serious brain injury and permanent loss of function.

$7 Million Motor Vehicle Accident

When the other vehicle struck our client, the result was a major hemorrhage and a stroke.

$7 Million Commercial Vehicle Accident

An 18-wheeler cut across traffic on an illegal left turn and hit our client, who suffered neck and back injuries.

$6.2 Million Motor Vehicle Accident

A fatigued commercial-vehicle driver fell asleep at the wheel and rear-ended our client, leaving our client with severe neck and back injuries.

$5 Million Wrongful Death

A hydraulic line exploded at a job site, taking the life of our client's loved one.

$4 Million Commercial Vehicle Accident

Our client's vehicle was struck by the at-fault vehicle, resulting in neck and back injuries.

$3.2 Million Commercial Vehicle Accident

Commercial vehicle collision. Details not publicly disclosed.

$3.2 Million Commercial Vehicle Accident

While our client was stopped, the at-fault driver rear-ended our client's vehicle and set it on fire, leaving our client seriously hurt.

$3.1 Million Wrongful Death

An 18-wheeler caused a fatal collision that took the life of our client's loved one.

$3 Million Commercial Vehicle Accident

A commercial vehicle struck and killed our client's loved one, who was on foot.

$3 Million Motor Vehicle Accident

Out on the highway, the at-fault driver hit our client.

$2.9 Million Motor Vehicle Accident

Our client was rear-ended by the other driver and seriously injured.

Past results do not guarantee future outcomes; each case is decided on its own facts. See our full case results.

Damages in Ouachita Parish Wrongful Death Claims

Wrongful death claimants under La. C.C. art. 2315.2 recover damages for loss of love, affection, and companionship, loss of services, loss of financial support, and funeral and burial expenses. These damages compensate the surviving family members for their own losses, not the deceased’s losses.

The survival action under La. C.C. art. 2315.1 recovers pre-death pain and suffering, mental anguish, and lost earnings of the deceased from injury to death. The duration of conscious survival and the intensity of suffering documented in medical records are the primary evidence for survival action damages.

Louisiana does not cap wrongful death or survival action damages in non-medical-malpractice cases. Medical malpractice wrongful death claims are subject to the $500,000 cap under La. R.S. 40:1231.2. Claims against Ouachita Parish or the City of Monroe are subject to the $500,000 governmental liability cap under La. R.S. 13:5106.

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Founding partners Trey Morris lead every Monroe injury case Trey Morris Injury Lawyers takes.

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The team here (Brian, Seth, Chelsea, and Jessica) have been amazing.
We were new to the area and hit by an impaired driver. Their support, guidance and friendship got us through a very difficult time. Thank you so much!
Pamela HughesCovington Office · Sep. 3, 2026
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I was overwhelmed dealing with everything after my injury, but their team took a lot of the pressure off of me.
They were patient, answered all my questions, and made sure I understood what was happening.
Emma DvorakShreveport Office · Sep. 3, 2026
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Great experience with the Trey Morris Injury Lawyers Ruston office.
The staff is friendly, helpful, and always willing to answer questions. Definitely recommend!
Jaime CarterRuston Office · Sep. 2, 2026
★★★★★
Brooke and Ms.
Shavers did great and helped me so much and I am so grateful. Go see Trey Morris Injury Attorneys!!
Jontiana WilliamsLake Charles Office · Aug. 26, 2026
★★★★★
I hired Morris & Dewett Injury Lawyers to represent me with my case.
Mr. Lane Robinson, Jessica, and Yadira has been with me every step of the way, making sure I received the proper care I needed to get well. They always called emailed and text to make sure I was doing OK. I would recommend the firm to anyone. They have an amazing team. I couldn’t have made a better choice. Thank you all for everything you have done for me and my family.
Katerrica CarterMinden Office · Aug. 12, 2026
★★★★★
Working with Trey Morris and his team on my case was incredibly easy.
They kept me informed throughout the entire process and took care of everything for me. It was such a blessing not having to deal with the insurance companies myself. They were efficient, professional, and truly made the whole experience stress-free. I would highly recommend Trey Morris and his team to anyone needing an exceptional personal injury team.
eliCovington Office · Sep. 2, 2026

Reviews reflect individual client experiences. Past results do not guarantee future outcomes.

Prescriptive Periods and the Fourth Judicial District

For deaths on or after July 1, 2024, the wrongful death action under La. C.C. art. 2315.2 and the survival action under La. C.C. art. 2315.1 each prescribe in the longer of one year from the date of death or two years from the day the injury was sustained, under those articles as amended by Acts 2025, No. 176 and No. 488. A medical malpractice wrongful death action is the exception and prescribes one year from the date of death. For deaths before July 1, 2024, the prior one-year-from-death period applies. Because the operative date determines which rule controls, confirm the deadline that applies to your case with an attorney.

Cases are filed in the Fourth Judicial District Court in Monroe, which serves Ouachita and Morehouse parishes. The court applies Louisiana Code of Civil Procedure rules to case management, discovery, and trial. Most wrongful death cases in Monroe proceed through discovery, expert depositions, a pretrial conference, and either settlement or jury trial.

Frequently Asked Questions

What is the difference between a wrongful death claim and a survival action in Louisiana?: A wrongful death claim under La. C.C. Art. 2315.2 is the family's claim for their own losses: companionship, financial support, services, and funeral costs. A survival action under La. C.C. Art. 2315.1 is the decedent's claim passed to survivors: their own pain and suffering, medical bills, and lost wages between injury and death. Both can be filed simultaneously in the same lawsuit in the Fourth Judicial District Court in Monroe, but they recover different categories of damage.
Who has priority to file a wrongful death claim in Ouachita Parish?: Louisiana law under La. C.C. Art. 2315.2 sets a strict hierarchy: (1) surviving spouse and children, (2) parents, (3) siblings, (4) grandparents. If a higher-priority class exists, the lower classes cannot file at all. A parent of the deceased cannot file if an adult child is alive, regardless of the parent's relationship to the deceased or the child's intention to file. This is not an estate claim and does not pass through probate. The same hierarchy applies to survival actions under La. C.C. Art. 2315.1.
How long does a family have to file a wrongful death claim in Ouachita Parish?: For deaths on or after July 1, 2024, the wrongful death action under La. C.C. art. 2315.2 and the survival action under La. C.C. art. 2315.1 each prescribe in the longer of one year from the date of death or two years from the day the injury was sustained, under those articles as amended by Acts 2025, No. 176 and No. 488. A medical malpractice wrongful death action is the exception and prescribes one year from the date of death. For deaths before July 1, 2024, the prior one-year-from-death period applies. Because the operative date determines which rule controls, confirm the deadline that applies to your case with an attorney.
Can multiple family members in the same class file separately, or must they file together?: Members of the same priority class typically pursue the wrongful death claim jointly or through a single coordinated action. They share the recovery pro-rata within their class. Each member's individual damages (their personal loss of companionship, their financial dependency) are calculated separately by the court. An attorney should coordinate representation among all eligible claimants in the class to avoid procedural conflicts.
Does comparative fault affect a wrongful death claim if the deceased was partially at fault?: Yes. Under La. C.C. Art. 2323, if the decedent is found 51% or more at fault for a death from an accident on or after January 1, 2026, the family recovers nothing under Act 15 of the 2025 Regular Session (HB 431). At 50% or less, recovery is reduced proportionally by the decedent's fault percentage. Insurance adjusters routinely try to assign the decedent fault above 50% because it eliminates the entire claim. Accident reconstruction and fault analysis are essential in any contested case.
What damages are available in a survival action that are different from wrongful death damages?: The survival action recovers the decedent's own damages: pain and suffering they experienced between injury and death, medical expenses incurred before death, and wages lost from the injury date to death. These categories are not available in the wrongful death action. The duration of conscious survival and the intensity of suffering documented in medical records are the primary evidence. A death that was instantaneous typically cannot support this element. Louisiana does not cap wrongful death or survival action damages in non-medical-malpractice cases. Medical malpractice wrongful death claims are subject to the $500,000 cap under La. R.S. 40:1231.2. Claims against Ouachita Parish or the City of Monroe are subject to the $500,000 governmental liability cap under La. R.S. 13:5106.
Where are wrongful death cases for Monroe filed?: Wrongful death cases for Monroe are filed in the Fourth Judicial District Court in Monroe, which serves Ouachita and Morehouse parishes. Cases may also be filed in federal court under certain circumstances (diversity jurisdiction for out-of-state defendants with claims above $75,000). Most wrongful death cases in Monroe proceed through discovery, expert depositions, a pretrial conference, and either settlement or jury trial.
Does Trey Morris Injury Lawyers handle wrongful death cases that also involve criminal charges against the at-fault party?: Yes. A criminal prosecution and a civil wrongful death claim are separate proceedings. A criminal conviction helps the civil case because it establishes fault and intent, but it is not required. If no criminal charges are filed, the civil claim proceeds independently. If the at-fault party is acquitted criminally, the civil wrongful death claim can still succeed. The civil burden of proof is lower: preponderance of evidence, not beyond reasonable doubt. Trey Morris Injury Lawyers coordinates with any ongoing criminal proceedings and uses all available evidence from both proceedings.