Deaths caused by negligence are heartbreaking and traumatic. Whenever careless or reckless actions rob you of a loved one, you deserve justice. You can get the help you need from an experienced Ruston wrongful death lawyer at Morris & Dewett Injury Lawyers.
With decades of experience fighting for the victims of negligence, we know how to win when it matters most. Our dedicated attorneys can make negligent parties pay for the harm they have caused, and we are skilled at helping people navigate the path to compensation and justice.
Morris & Dewett has successfully resolved many wrongful death cases, recovering millions for families who have lost loved ones due to negligence.
What Is Wrongful Death?
Any death resulting from negligence is a wrongful death. It does not matter whether the negligent, life-ending act was intentional or accidental. If some party has failed to exercise a necessary duty of care and that failure causes a wrongful death, surviving loved ones including spouses, children, and parents can sue the negligent party.
Our Ruston Office
1831 N Trenton St, Ste 2
Ruston, LA 71270
Open 24/7 for injured Ruston residents
Get directions →Deadly Traffic Accidents
At least 106 people are killed in traffic accidents every day. More than nine in every ten of those deadly car crashes, 18-wheeler wrecks, bus accidents, and other traffic collisions are caused by human choices and errors. Of course, drivers are just one party that can be responsible for fatal motor vehicle accidents. Equipment failures, unsafe road conditions, and several other factors can also contribute to wrongful deaths on the roads.
Fatal Accidents Caused by Deadly Products
The items you use at home, at work, or on the road are not always safe and reliable. When manufacturers cut corners or hide product risks, their dangerous items can cause fatal accidents and injuries. Manufacturers, distributors, and others can be liable for the wrongful deaths resulting from their defective or faulty products.
What We Handle
Ruston Practice Areas
-
Car Accidents Rear-end, intersection, and highway collisions across Louisiana. -
Truck Accidents 18-wheeler and commercial-vehicle wrecks governed by federal trucking rules. -
Motorcycle Accidents Serious-injury motorcycle crashes where bias against riders is common. -
Bus Accidents Transit, school, and charter-bus crashes involving public and private carriers. -
Slip & Fall Falls caused by wet floors, poor maintenance, and hidden hazards. -
Catastrophic Injury Brain, spinal-cord, amputation, and severe-burn injuries that change a life. -
Brain Injury Traumatic brain injuries with long-term cognitive and physical effects. -
Burn Injury Severe burns from fires, explosions, chemicals, and electrical contact. -
Wrongful Death Claims brought by families after a fatal accident or act of negligence. -
Construction Accidents Falls, struck-by, and equipment injuries on the job site. -
Industrial Accidents Plant, warehouse, and heavy-equipment injuries in industrial settings. -
Offshore Accidents Rig, platform, and vessel injuries beyond the shoreline. -
Maritime & Jones Act Jones Act and general-maritime claims for seamen and vessel crews. -
Workers' Compensation On-the-job injuries and the benefits owed to injured workers.
Deadly Accidents or Exposures at Dangerous Properties
Grocery stores, work, school, restaurants, and other places you routinely visit can be far riskier than you realize. When properties are not safely developed or properly maintained, they can hold hidden dangers that may turn deadly. Property owners, building managers, and landlords can be among the liable parties when dangerous properties become the sites of fatal accidents.
Fatal Work Accidents
Every day, about 15 people are killed in work accidents. Fatal work accidents involve a wide range of scenarios, from construction site failures to industrial equipment malfunctions.
Past results do not guarantee future outcomes; each case is decided on its own facts. See our full case results.
Who Can I Sue After a Wrongful Death?
You may be able to sue all of the parties whose negligence contributed to the wrongful death. A single fatal accident can involve more than one liable party: a negligent driver, the trucking company that employed them, a product manufacturer, or a property owner who failed to maintain the premises. Talking to a lawyer can be incredibly helpful in determining who to sue over a wrongful death.
Who Can File a Wrongful Death Claim in Louisiana?
Louisiana law sets a strict hierarchy for who can file, established by La. C.C. Art. 2315.2. The statute creates four classes of beneficiaries, and a higher class excludes every lower class.
- Class 1: Surviving spouse and children, including adopted children. If a spouse or child exists, they are the only people who can bring the claim.
- Class 2: Surviving parents, who can file only if there is no surviving spouse and no surviving children.
- Class 3: Surviving siblings, who can file only if there are no Class 1 or Class 2 beneficiaries.
- Class 4: Surviving grandparents, who can file only if no one in any higher class survives.
Stepchildren and in-laws are not recognized as beneficiaries under Art. 2315.2. A stepchild raised by the deceased for years has no right to file if they were never legally adopted. When multiple beneficiaries exist within the same class, they share the recovery.
The wrongful death action under Art. 2315.2 recovers the survivors’ own damages, such as loss of love, companionship, and financial support. It is separate from the survival action under La. C.C. Art. 2315.1, which recovers the decedent’s own damages: their pain and suffering before death, their medical bills, and their lost wages from injury to death. Both claims can and should be filed together in the same lawsuit, and both pass to the same beneficiary hierarchy.
The Prescriptive Period for Wrongful Death
Louisiana calls its filing deadline the prescriptive period. For a death on or after July 1, 2024, the wrongful death action under La. C.C. Art. 2315.2 prescribes in the longer of one year from the date of death or two years from the day the injury was sustained, following the amendments in Acts 2025 No. 176 and No. 488.
Because the period runs to the later of those two measures, you compute both and use whichever expires last. This matters when a lingering injury causes death months or years after the underlying accident, because the death date can fall well after the injury date. A medical malpractice wrongful death action is the exception: it prescribes one year from the date of death. Deaths before July 1, 2024 fall under the prior one-year-from-death period. The survival action under Art. 2315.1 follows the same longer-of measure.
Missing the deadline extinguishes the claim permanently, and the court will dismiss it. Two years passes faster than you expect, especially while a family is grieving, so preserve evidence and speak with an attorney about which period governs your specific facts.
Your Ruston Injury Attorneys
Founding partners Trey Morris lead every Ruston injury case Morris & Dewett takes.
How Does a Wrongful Death Case Work?
The accident and negligent parties involved can impact how wrongful death cases proceed. Consulting a lawyer after explaining the details of your situation is the best way to understand the process. Given everything that can be riding on wrongful death cases, it is critical to partner with an attorney who can build a stronger, persuasive case.
When Should I Talk to a Ruston Wrongful Death Lawyer?
As soon as possible. If you think you have a case, contact a lawyer quickly because evidence must be preserved and deadlines apply. By talking to an attorney promptly, you can get a clear idea of your options and how to proceed with a wrongful death claim.
What clients say
- ★★★★★
Mr Odom Was excellent in my case.
He explained everything throughly and gave me updates at every turn.
- ★★★★★
Joe and his crew of folks at the Ruston office are absolutely amazing you walk in they treat your family.
They cared about us when we were going through our worse and we greatly appreciate it from the tax of just checking on us to keeping us up-to-date how our case was doing they went above and beyond anything we could have asked for
- ★★★★★
Morris and Dewett lawyers really took great care of me they explained everything, they checked on me.
I'm so grateful to them.
- ★★★★★
I can't thank Josh Powell and Lizzie enough for taking care of me after my car accident.
I highly recommend using Morris & Dewett! They both made everything easy and stress free for me!! Thank you all so much!
- ★★★★★
We are very grateful to Morris & DeWett Injury Attorneys for all their help and support during our car accident case.
Ms. Hancock and Ms. Mena were always very kind, professional, and attentive throughout the entire process. Excellent team.
- ★★★★★
First time being injured and needing a lawyer they where very helpful.
They answered my questions Id have very well. Highly recommend them.
Reviews reflect individual client experiences. Past results do not guarantee future outcomes.
What Is Included in Wrongful Death Compensation?
The nature of the losses and suffering involved will impact the compensation available. Many wrongful death cases provide compensation for medical expenses prior to death, funeral costs, lost income, pain and suffering, loss of companionship, and other damages. This compensation will never bring back a loved one or erase the trauma caused by their death, but it can help you start to pick up the pieces.
Frequently Asked Questions
- Who can file a wrongful death lawsuit in Ruston?
- La. C.C. Art. 2315.2 sets four classes of beneficiaries in a strict hierarchy. Class 1 is the surviving spouse and children, including adopted children. Class 2 is parents, but only if no Class 1 beneficiary exists. Class 3 is siblings, and Class 4 is grandparents. A higher class excludes every lower class, and stepchildren and in-laws are not recognized beneficiaries.
- What is the difference between a wrongful death claim and a survival action?
- A wrongful death claim under La. C.C. Art. 2315.2 recovers the survivors' own damages: loss of love, companionship, financial support, and funeral expenses. A survival action under La. C.C. Art. 2315.1 recovers the decedent's own damages: their pain and suffering before death, their medical bills, and their lost wages. Both claims can and should be filed together in the same lawsuit.
- What is the deadline to file a wrongful death claim in Louisiana?
- For a death on or after July 1, 2024, the wrongful death action under La. C.C. Art. 2315.2 prescribes in the longer of one year from the date of death or two years from the day the injury was sustained (arts. amended by Acts 2025 No. 176 and No. 488). You compute both measures and use whichever expires last. A medical malpractice wrongful death action prescribes one year from the date of death, and deaths before July 1, 2024 fall under the prior one-year-from-death period. Missing the deadline permanently extinguishes the claim.
- What compensation is available in a wrongful death case?
- The wrongful death action recovers the survivors'' own losses, including loss of love and affection, loss of companionship, loss of financial support (past and future), funeral and burial expenses, and mental anguish. The survival action adds the decedent''s own pain and suffering before death, medical bills, and lost wages. There is no cap on wrongful death damages in most cases; the exception is medical malpractice, capped at $500,000 under La. R.S. 40:1231.2.
Last updated June 5, 2026