Ruston Wrongful Death Lawyers

Lost a family member in Ruston? How a Louisiana wrongful death and survival claim works and who can bring it. No fee unless we win.

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Fatal wrecks in Lincoln Parish happen on I-20, US-167, US-80, and LA-33, in Ruston itself and in the towns around it from Grambling to Choudrant. The injured are taken to Northern Louisiana Medical Center on East Vaughn Avenue. Inside the city limits the Ruston Police Department writes the report; outside them it is the Lincoln Parish Sheriff’s Office. A Lincoln Parish death case can be filed in the Third Judicial District Court at the parish courthouse, 100 West Texas Avenue. Trey Morris Injury Lawyers’ Ruston office is at 1831 North Trenton Street, Suite 2.

We pull the crash report and the coroner’s findings and confirm which relatives hold the claim. Once the facts give an honest basis for it, we send preservation letters asking the other side to keep each vehicle with its event data and any equipment as it was after the incident, since that is what shows speed, braking, or what failed, and so who is responsible for the death.

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 family members can sue the negligent party in the order Louisiana law ranks them: a spouse and children first, then parents if there is no surviving spouse or child, then brothers and sisters if there is no surviving parent, and then grandparents. If your family member survived the accident, see our Ruston personal injury page.

Our Ruston Office

1831 N Trenton St, Ste 2
Ruston, LA 71270

318-702-8648

Open 24/7 for injured Ruston residents

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Fatal Crashes on Lincoln Parish Roads

More than nine in every ten deadly car crashes, 18-wheeler wrecks, bus accidents, and other traffic collisions are caused by human choices and errors. Drivers are not the only party that can be responsible: equipment failures, unsafe road conditions, and other factors can also contribute to deaths on the road.

Who Can Be Sued for a Wrongful Death in Ruston?

You may be able to sue every party whose negligence contributed to the death, and a single fatal accident can involve more than one: a negligent driver, the trucking company that employed them, a product manufacturer, or a property owner who failed to maintain the premises.

  • Product makers and sellers. Manufacturers, distributors, and others can be liable for the wrongful deaths resulting from their defective or faulty products.
  • Property owners. When stores, schools, restaurants, workplaces and other properties are not safely developed or properly maintained, property owners, building managers, and landlords can be among the liable parties.
  • Work accidents. Construction sites and other workplaces in the parish add deaths of their own, from construction site failures to industrial equipment malfunctions. If the death happened on the job, see also our Ruston workers’ compensation page.

Representative Results

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

Who Can Bring a Wrongful Death Claim in Ruston, and What It Recovers

The law that governs the claim is Louisiana law, and it does not change from Lincoln Parish to the next; our Louisiana wrongful death page covers it statewide. One death gives rise to two claims:

  • The wrongful death action under La. C.C. Art. 2315.2 recovers the survivors’ own damages: 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 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 from injury to death.

Both claims can and should be filed together in the same lawsuit, and both pass to the same beneficiary hierarchy. Art. 2315.2 creates four classes of beneficiaries, and a higher class excludes every lower class:

  • Class 1: Surviving spouse and children, including adopted children.
  • Class 2: Surviving parents, only if there is no surviving spouse and no surviving children.
  • Class 3: Surviving siblings, only if there are no Class 1 or Class 2 beneficiaries.
  • Class 4: Surviving grandparents, only if no one in any higher class survives.

When multiple beneficiaries exist within the same class, they share the recovery. Stepchildren and in-laws are not recognized as beneficiaries; a stepchild raised by the deceased for years has no right to file if they were never legally adopted.

Deadline to File a Wrongful Death Claim

Louisiana calls its filing deadline the prescriptive period. The wrongful death action under 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. You compute both measures and use whichever expires last, which matters when a lingering injury causes death months or years after the accident. The survival action under Art. 2315.1 follows the same longer-of measure. 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.

Missing the deadline extinguishes the claim permanently, and the court will dismiss it. Speak with an attorney about which period governs your specific facts.

Your Ruston Injury Attorneys

Founder Trey Morris leads every injury case the firm takes.

What clients say

  • ★★★★★

    Where should I start!?

    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
  • ★★★★★

    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
  • ★★★★★

    Joe and Jaime were awesome with helping me from beginning to end.

    Loved working with such a great team!

    ChristinRuston Office · Oct. 12, 2026
  • ★★★★★

    My sister and I rate Trey Morris Injury Lawyers a 10 out of 10.

    They are so dedicated to assisting families when the unexpected occurs. We are so greatful with the settlement received. Thank you all for everything.

    Crystal M.Ruston Office · Oct. 3, 2026
  • ★★★★★

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    Adam W.Shreveport Office · Oct. 16, 2026
  • ★★★★★

    Very professional and very easy to work with throughout the whole case!

    Lane and Men helped make the whole process go smonthly with no stress

    Victoria M.Lake Charles Office · Oct. 8, 2026

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

Frequently Asked Questions

How long does a family have to file a wrongful death claim in Louisiana?
Under La. C.C. Art. 2315.2, the wrongful death action prescribes in the longer of one year from the date of death or two years from the day the injury was sustained, and the survival action follows the same measure. 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. Missing the deadline permanently extinguishes the claim.
Can parents sue for the wrongful death of an adult child?
Only if the adult child left no surviving spouse and no children. Under La. C.C. Art. 2315.2 the spouse and children make up the first class of beneficiaries, and a higher class excludes every lower class.
Can a stepchild bring a wrongful death claim?
Not unless the stepchild was legally adopted. Stepchildren and in-laws are not recognized beneficiaries under La. C.C. Art. 2315.2, even a stepchild the deceased raised for years.
What is the difference between a wrongful death claim and a survival action?
The wrongful death claim recovers the survivors' own losses, such as loss of love, companionship and financial support, and funeral expenses. The 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.
Is there a cap on wrongful death damages in Louisiana?
There is no cap on wrongful death damages in most cases. The exceptions are claims against public bodies, capped at $500,000 per death apart from medical care and lost support (La. R.S. 13:5106), and medical malpractice, capped at $500,000 under La. R.S. 40:1231.2.

Last updated October 17, 2026