Losing someone you love because of another person’s negligence is one of the hardest things a family can go through. Hospital bills, funeral costs, lost income, and the simple weight of grief all hit at the same time. I’m Joe Kopfler. I’ve practiced law in Houma since 1977, and my firm has stood beside Louisiana families in wrongful death cases for more than four decades.
Under Louisiana Civil Code Article 2315.2, certain family members can bring a wrongful death claim when a loved one dies because of someone else’s fault. The cause might be a car or truck crash, an offshore or maritime incident, an industrial accident, medical negligence, or a defective product. The legal question is the same: would the deceased have had a claim if they had survived? If yes, the family can pursue that claim.
Louisiana sets a specific order. The surviving spouse and children come first. If there are none, the parents may file. If no parents survive, surviving siblings can step in. Grandparents come next when no closer family exists. Only one tier files at a time — Louisiana doesn’t allow the line to skip ahead.
A Louisiana wrongful death claim can cover the loss of love, affection, and companionship; loss of household services and financial support; mental anguish and grief; medical and funeral expenses; and the pain and suffering the deceased experienced before death (called a survival action under Article 2315.1, brought alongside the wrongful death claim). Every case is different. The facts, the family situation, and the available insurance or assets all shape what’s recoverable.
Louisiana gives families one year from the date of death (or two years from the date of injury, whichever is longer, under La. C.C. art. 2315.2(B)) to file a wrongful death lawsuit. That’s a tight window. Evidence disappears, witnesses move, and insurance companies start positioning their defense from day one. The sooner I can get involved, the sooner we can preserve evidence — vehicle data, scene photos, medical records, employment files — before it’s gone.
I take wrongful death cases personally. That means I sit down with the family, I listen, and I explain what’s ahead in plain English. We bring in accident reconstructionists, medical experts, economists, and life-care planners when the case calls for it. We’re not afraid to file suit and try a case to a jury — and the other side knows that. Our fee is contingent: there’s no charge unless we recover.
Joe Kopfler has practiced law in Houma since 1977. If you’re dealing with a serious injury or the loss of a loved one, you don’t have to figure this out alone. Call our office at (985) 851-3311 or request a free case evaluation. There’s no fee unless we recover for you.
Kopfler & Hermann
306 Grinage Street, Houma, LA 70360
Phone: (985) 851-3311
