general
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Can You File a Wrongful Death Claim for a Suicide?
A suicide may be considered wrongful death under limited circumstances. Learn how wrongful death claims are affected by suicide. -
Can You Sue on Behalf of an Unborn Person?
Rights of action for an unborn person differ depending on the state where the injury occurred. Parents may be able to sue for the loss of an unborn child, but methods vary. -
How Is Wrongful Death Legally Defined?
Explore the legal definition of wrongful death, its implications, and how it differs across states like Texas and Louisiana. -
How to Prevent Hot Car Child Fatalities
This article explains why children die in hot vehicles and how to prevent it. It covers the greenhouse effect that rapidly heats a car's interior, the patterns behind these tragedies, such as caregivers unknowingly leaving children or children gaining access on their own, and the national and regional toll, noting Texas and Louisiana rank high due to Gulf Coast heat and humidity. It frames prevention, science, and the law around vehicular heatstroke. -
Is Wrongful Death a Felony?
No. Wrongful death is a civil lawsuit, not a felony or any criminal charge. It lets a deceased person's family recover financial compensation from whoever negligently or intentionally caused the death — it does not punish anyone with jail. A separate criminal case (manslaughter, murder) can run at the same time over the same death, but that is a distinct proceeding. -
Louisiana Wrongful Death Claims — Who Can Sue
Louisiana law gives the right to bring a wrongful death claim to a ranked set of survivors. The spouse and children come first; if there are none, the surviving parents; then siblings; then grandparents. Only the highest-ranking class that exists may recover. The claim must generally be filed within two years of the death (for deaths on or after July 1, 2024; earlier deaths were subject to the prior one-year period). -
Texas Wrongful Death Claims — Who Can Sue
In Texas, only the surviving spouse, children, and parents of the deceased can bring a wrongful death claim. Siblings, grandchildren, divorced spouses, and stepparents who never adopted cannot. If none of the eligible beneficiaries files within three months of the death, the estate's executor or administrator must bring the action unless the family asks them not to. -
The End of Unsubstantiated Anchoring in Wrongful Death Cases in Texas
This article examines the Texas Supreme Court's ruling in Gregory and New Prime, Inc. v. Chohan, a wrongful death case that may change how non-economic damages are calculated in Texas personal injury cases. It describes the underlying crash, the original $16.8 million award, the appeal challenging the large non-economic portion, and the court's conclusion that such damages must meet stricter standards because they are harder to quantify than economic damages backed by receipts. -
Understanding Wrongful Death Claims in Probate: A Guide for Families
Losing someone you love changes everything. When that loss happens because of someone else’s negligence, you face overwhelming grief while navigating complex legal processes. We understand the weight of making legal decisions during such a difficult time. Your loved one’s wrongful death claim intersects with probate law, and understanding this connection helps you protect your […] -
Unintentional Injury as a Cause of Death
Unintentional injury is the leading cause of death in the United States for people ages 1 through 44, according to the CDC, and kills more than 173,000 people each year. The category covers unplanned harm such as motor vehicle crashes, falls, drownings, and poisonings. Public health agencies use the term "unintentional injury" rather than "accident" because most of these deaths are predictable and preventable. -
What Documents Families Need In Louisiana Wrongful Death Investigations
What Documents Families Need In Louisiana Wrongful Death Investigations - Louisiana and Texas guidance from Trey Morris Injury Lawyers. -
Who Can File a Wrongful Death Lawsuit?
Learn who can bring a wrongful death lawsuit or survivor action, grounds for filing a claim, and steps to recover compensation after the death of a loved one. -
Will Insurance Cover Wrongful Death Losses?
Learn how a wrongful death claim can affect insurance coverage and whether insurance will cover losses due to wrongful death. -
Wrongful Death Claim: Definition, Elements, Who Can File, Damages, and Deadlines
A wrongful death claim is a civil lawsuit brought when someone dies because of another party's wrongful conduct. The people the law recognizes as survivors ask a court to order the responsible party to pay for the losses the death caused them. -
Wrongful Death Lawsuit vs. Survival Action
The death of a loved one is always heartbreaking, but it is even more painful if someone else’s actions lead to their death. Regardless of whether your loved one died due to a motor vehicle accident, medical malpractice, defective products, or an offshore accident, their unexpected and untimely demise is more difficult to bear if […] -
WRONGFUL DEATH LAWSUITS: RIGHTS OF SURVIVING SPOUSES
The untimely passing of a spouse is an emotionally trying and damaging situation, there is no doubting that. But just how damaging is it in the eyes of the law? As a surviving spouse filing a wrongful death case against the negligent, reckless, or malicious party that caused the passing of your spouse, what are your rights? […]
laws
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Louisiana Prescriptive Period Changes Survival Wrongful Death
A survival action and a wrongful death action in Louisiana each prescribe one year from the date of death. That deadline did not change when the state extended the general tort filing period in 2024. The survival action sits in La. -
Statute of Limitations for Wrongful Death in Louisiana
In Louisiana you have two years from the date of a loved one's death to file a wrongful death claim under Civil Code Art. 2315.1 (for deaths on or after July 1, 2024; earlier deaths were subject to the prior one-year period). Miss that deadline and you generally forfeit the right to recover -- narrow exceptions apply, such as when the claimant was a child at the time of death. -
Statute of Limitations for Wrongful Death in Louisiana and Texas
Learn the timeframes and legal requirements for filing wrongful death lawsuits in Louisiana and Texas, including key differences between the states. -
Statute of Limitations for Wrongful Death in Texas
In Texas you generally have two years from the date of a loved one's death to file a wrongful death lawsuit under Civil Practice and Remedies Code Chapter 16. Filing after that deadline usually bars the claim, though limited circumstances can affect when the clock starts. -
Wrongful Death Laws
Wrongful death is the civil side of a death someone else caused. A family or estate goes to court for money after a death, rather than a prosecutor seeking punishment. It is a statutory subject, meaning the rules are written into law rather than left to courts to invent. In Louisiana, La. C.C. art. 2315.2 governs the wrongful death action and La. C.C. art. 2315.1 governs the companion survival action.
process
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Average Wrongful Death Settlement and Factors That Impact Compensation
What is the average payout for wrongful death cases? Discover the key factors that affect settlement amounts and why hiring an attorney is essential. -
Wrongful Death Process
A wrongful death claim is a civil lawsuit brought by surviving family members when a person dies because of someone else's negligence or wrongful act. It is the survivors' own claim for the losses they suffer from the death, and it exists only because the law creates it.