Monroe Wrongful Death Lawyers

Q: Who can bring a wrongful death claim for a death in Monroe or Ouachita Parish?

Under La. C.C. Art. 2315.2 (https://www.legis.la.gov/legis/Law.aspx?d=109371), the surviving spouse and children come first, then parents, then siblings, then grandparents. If anyone in a higher class is alive, the lower classes cannot file at all. The wrongful death claim is not an estate claim and does not pass through probate. The same order applies to the survival action under La. C.C. Art. 2315.1 (https://www.legis.la.gov/legis/Law.aspx?d=109370).

Q: 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), the family's recovery is reduced by the decedent's percentage of fault. For a death from an accident on or after January 1, 2026, a decedent found 51% or more at fault bars recovery entirely. Insurance adjusters routinely try to assign the decedent fault above 50% because it eliminates the entire claim, so accident reconstruction and fault analysis are essential in any contested case.

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. A Ouachita Parish death case can be filed in the Fourth Judicial District Court at 300 St. John Street, which serves Ouachita and Morehouse parishes, and the Ouachita Parish Clerk of Court on South Grand Street holds the record. Trey Morris Injury Lawyers requests the crash report, the coroner’s file and the hospital chart, and confirms which relatives hold the claim. Once the facts give an honest basis for it, we send a preservation letter for any vehicle or equipment involved. The letter asks the other side to keep that vehicle’s event data, or that equipment as it was left after the incident, because that record shows speed, braking or the part that failed, and from that, who caused the death.

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.

The two are distinct claims with different damages, and each eligible family member in the highest surviving class has a wrongful death claim for their own loss. Both can be brought in the same lawsuit and tried together.

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Who May File, and in What Order

La. C.C. art. 2315.2 ranks the relatives who may bring a wrongful death claim. The surviving spouse and children come first. If no spouse or child survives, the right passes to the parents, then the siblings, then the grandparents. Only the highest class with a living member may file; no one in a lower class can sue while someone in a higher class is alive.

Louisiana courts enforce this order strictly. A parent of the deceased cannot file while an adult child is alive, however close the parent was to the deceased and whether or not the child means to file. Article 2315.1 applies the same order to the survival action.

Proving Fault in a Monroe Wrongful Death Case

The family has to prove what any Louisiana negligence claim under La. C.C. art. 2315 requires: the defendant owed a duty, breached it, and the breach caused the death. Under La. C.C. art. 2323, the deceased person’s own share of fault reduces the 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).

The proof usually comes from the police or sheriff’s crash report, the hospital records, the autopsy and coroner’s findings, witness statements, and testimony from an accident reconstruction expert. Several of those records and witness accounts are time-sensitive and need to be preserved.

If the death followed a wreck, our Monroe car accident lawyer page covers the crash claim, and our Monroe truck accident page covers a wreck with a commercial truck. If the death happened on the job, see our Monroe workers’ compensation page. For an injury that was not fatal, start with our Monroe personal injury page.

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.

$32,195,000 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.

$17.25 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.

$6.25 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.

$4.95 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.

$3.3 Million Motor Vehicle Accident

Motor vehicle collision. Details not publicly disclosed.

$3.25 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.

$3.15 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.

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

The wrongful death action under La. C.C. art. 2315.2 pays the family for loss of love, affection and companionship, loss of services, loss of financial support, and funeral and burial expenses.

The survival action under La. C.C. art. 2315.1 pays for what the deceased went through from injury to death: pain and suffering, mental anguish, medical expenses incurred before death, and lost earnings. How long your loved one stayed conscious, and how much suffering the medical records document, are the main proof of these damages.

Outside medical malpractice and claims against public bodies, Louisiana puts no cap on wrongful death or survival damages. A medical malpractice wrongful death claim against a qualified health care provider is subject to the $500,000 cap under La. R.S. 40:1231.2. A claim against Ouachita Parish or the City of Monroe is subject to the $500,000 governmental liability cap under La. R.S. 13:5106, which does not count medical care, lost earnings, or loss of support.

Your Monroe Injury Attorneys

Founder Trey Morris leads every injury case the firm takes.

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Trey Morris Injury Law Firm was a great fit for me! During this wild time of getting into a car wreck, dealing with insurance, and other third parties, Mrs. Brooke and Mrs. Nerren were extremely helpful! They were there for me through the whole process and never once did I doubt their professionalism. They will fight tooth and nail for you and get you what you deserve. I would recommend them to anyone.
Dakota R.Ruston Office · Oct. 22, 2026
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Adam W.Shreveport Office · Oct. 16, 2026
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Lane and Men helped make the whole process go smonthly with no stress
Victoria M.Lake Charles Office · Oct. 8, 2026
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Great experience overall.
Seth and Jessica were always there to help and I could tell they truly had my best interest in mind. I was overwhelmed after my incident and they walked me through every step of the way and provided a lot of relief.
Joel B.Covington Office · Sep. 14, 2026
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I hired [Trey Morris 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 C.Minden Office · Aug. 12, 2026
★★★★★
I just want to express how pleased I am with [Trey Morris Injury Lawyers].
Their caring team made a huge difference in my experience. From the moment I reached out, they were attentive and supportive, guiding me through every step of the process. They truly took the time to listen to my concerns and made me feel valued as a client. I highly recommend their services to anyone in need of a compassionate and dedicated legal team!
Maram Z.Ruston Office · Apr. 28, 2025

Testimonials do not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter. Past results do not guarantee future outcomes.

Deadline to File and What Happens After

Louisiana calls the deadline to sue the prescriptive period. For both the wrongful death action (La. C.C. art. 2315.2) and the survival action (La. C.C. art. 2315.1), it is the longer of one year from the date of death or two years from the day the injury was sustained. Medical malpractice is the exception: a malpractice wrongful death action prescribes one year from the date of death, and a malpractice survival action follows the malpractice deadline in La. R.S. 9:5628.

Once filed, most wrongful death cases in Monroe proceed through discovery, expert depositions, a pretrial conference, and either settlement or jury trial.

Frequently Asked Questions

Who can bring a wrongful death claim for a death in Monroe or Ouachita Parish?

Under La. C.C. Art. 2315.2, the surviving spouse and children come first, then parents, then siblings, then grandparents. If anyone in a higher class is alive, the lower classes cannot file at all. The wrongful death claim is not an estate claim and does not pass through probate. The same order applies to the survival action under La. C.C. Art. 2315.1.

How long does a family have to file a wrongful death claim in Ouachita Parish?

Both the wrongful death action (La. C.C. art. 2315.2) and the survival action (La. C.C. art. 2315.1) must be filed within the longer of one year from the date of death or two years from the day the injury was sustained. In a medical malpractice case, the wrongful death action prescribes one year from the date of death and the survival action follows La. R.S. 9:5628.

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

Members of the same priority class can bring their claims together or separately. Each member recovers the damages they personally suffered, such as their own loss of companionship and financial support; there is no single award split into equal shares. 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, the family's recovery is reduced by the decedent's percentage of fault. For a death from an accident on or after January 1, 2026, a decedent found 51% or more at fault bars recovery entirely. Insurance adjusters routinely try to assign the decedent fault above 50% because it eliminates the entire claim, so 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 your loved one's own damages: the 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. A death that was instantaneous typically cannot support the pain and suffering element.

Where can a Monroe wrongful death case be filed?

A Monroe wrongful death case can be filed in the Fourth Judicial District Court in Monroe. It may also be filed in federal court under certain circumstances (diversity jurisdiction for out-of-state defendants with claims above $75,000).

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.

Last updated October 19, 2026