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You lost someone you loved because of someone else's negligence.
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Wrongful death is the most devastating outcome of someone else's negligence. Car accidents on Baton Rouge's most dangerous corridors, industrial and petrochemical accidents, medical malpractice at area hospitals, and construction accidents claim lives every year. Louisiana recorded 699 traffic fatalities in 2024 per LSU CARTS data. East Baton Rouge Parish had the highest injury crash count in Louisiana in 2024. Louisiana's 1-year wrongful death prescriptive period is one of the shortest in the country. TopDog fights to get you every dollar your family deserves.
Wrongful deaths in Baton Rouge happen on I-10 and Airline Highway, in industrial corridor accidents along the Mississippi, in hospital rooms at Our Lady of the Lake, and in workplaces throughout the metro. We know how these cases are built in Louisiana and how to hold defendants accountable. Those losses cause real damage to families and we fight to get them the justice and financial security they deserve.
Insurance companies and defense attorneys across East Baton Rouge Parish often use delay, denial, and lowball tactics to minimize the loss of life and pay grieving families as little as possible. Louisiana's 1-year wrongful death prescriptive period is unforgiving. We know how to leverage the justice system in Louisiana courts to fight back for the full recovery your family may be entitled to.
IMPORTANT EXCEPTION: Medical malpractice wrongful death remains 1 year from the date of death — the general extension does not apply to malpractice-based wrongful death claims.
Prescriptive Period: The longer of 1 year from the date of death OR 2 years from the date of the underlying injury — La. Civ. Code Art. 2315.2(B) (amended effective August 1, 2025). This dual-calculation framework gives families the maximum of either period.
Survival Action: Louisiana also allows a survival action — La. Civ. Code Art. 2315.1 — to recover damages the deceased person suffered between injury and death. The survival action uses the same dual prescriptive period framework (1 year from death or 2 years from injury, whichever is longer) but the calculation begins at the date of injury for survival claims.
Who Can File (in order of priority): (1) Spouse and children of the deceased; (2) if no spouse or children, parents; (3) if none of the above, siblings or descendants of siblings; (4) if none, grandparents — La. Civ. Code Art. 2315.2(A).
Government Entity (Critical): If a City of Baton Rouge vehicle, CATS bus, or state entity caused the death, governmental immunity rules apply and damages may be capped at $500,000 per La. R.S. § 13:5106. Consult an attorney immediately.
Comparative Fault (Changed January 1, 2026): Modified comparative fault — 51% bar — La. Civ. Code Art. 2323 (Acts 2025, No. 15). If the deceased was 51% or more at fault, the family may not recover.
This is a brief summary of commonly applied laws in the jurisdiction. There are often different laws that apply to different circumstances. Once you hire TopDog, your attorney will advise you on the applicable laws.
Insurance companies and defense attorneys may make early low offers and often use delay tactics to minimize the loss of life. Louisiana has no statutory cap on wrongful death damages. TopDog fights for your family's full recovery — immediately.
Wrongful Death | $2,545,036 avg | $4,400,000+ highest
Recoveries by TopDog Law and its co-counsel. Past results do not guarantee similar outcomes in your case.
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Call us or fill out our form — getting started takes about 5 minutes. Tell us what happened. We'll review your information and get back to you fast to discuss your case. No pressure.
Get medical attention and document everything — your health comes first. Keep records of every doctor visit, every bill, every day you missed work or could not do what you normally do.
Do not talk to insurance without us. They may use delay, deny, and lowball tactics from the moment you pick up the phone. Anything you say can be used to reduce what you are owed. Let TopDog handle them.
Time Is Critical
In Louisiana the family has only 1 year from the date of death to file — one of the shortest in the country. Call TopDog immediately. This is a general summary — deadlines vary. Contact TopDog Law to confirm what may apply in your situation.
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