Your Rights After Losing a Loved One to Someone Else’s Negligence

Wrongful Death Litigation: Demanding Justice for Your Family

When a family member dies due to another party’s negligence or reckless conduct, surviving family members face both profound grief and overwhelming financial uncertainty. A wrongful death lawsuit provides two critical outcomes: financial security for your family’s future and full accountability for the parties responsible.

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Comprehensive Wrongful Death Representation for Complex Cases

There is no amount of money that can replace the person you lost. No settlement can bring them back. No verdict can undo what happened.

But wrongful death litigation serves two vital purposes:

1. Financial Security: Comprehensive compensation that replaces lost income, covers expenses, and secures your family’s future—often worth millions more than initial insurance offers.

2. Accountability: Holding responsible parties fully accountable for their actions, potentially preventing similar tragedies from happening to other families.

At LKSA, we represent families in the most complex wrongful death cases — those involving massive corporations, hospitals, insurance companies, offshore oil companies, and well-funded defendants. We have the substantial financial resources, elite legal expertise, and proven trial experience required to maximize recovery against the strongest opposition.

We understand the profound loss you’ve experienced. Our attorneys shoulder the entire legal burden so you can focus on your family and healing.

Quick Facts: Wrongful Death Claims

What is a wrongful death claim? A lawsuit filed by family members when a loved one dies due to another party’s negligence, recklessness or intentional actions.

Who can file? Depends on state law, but typically:

  • Surviving spouse
  • Children (including adult children)
  • Parents (if deceased was a minor or unmarried adult)
  • Sometimes siblings or other dependents
  • Estate representative (for survival action claims)

Who can be held liable?

  • Negligent drivers and employers
  • Medical providers and hospitals
  • Product manufacturers
  • Property owners
  • Maritime employers and vessel owners
  • Aviation companies
  • Any person or company whose negligence caused the death

Recoverable damages:

  • Lost future earnings and benefits
  • Loss of household services
  • Medical bills before death
  • Funeral and burial expenses
  • Loss of love, companionship, and guidance
  • Pain and suffering (in survival actions)
  • Punitive damages (in some cases)

Time limits:

  • Louisiana: Generally 1 year from death
  • Texas: Generally 2 years from death
  • Maritime law: 3 years from death
  • Missing the deadline means losing your rights forever

Complex Wrongful Death Cases Across Multiple Industries

Because LKSA is a leading trial firm trusted with highly complex litigation, our wrongful death practice spans multiple, intricate areas of law. We handle cases that require substantial resources, specialized expertise, and aggressive litigation strategies.

Maritime and Offshore Fatalities

Practice area focus: Deaths occurring on vessels, oil rigs, offshore platforms, or during transport to/from offshore facilities are governed by complex federal maritime laws — not state law. The law that applies determines what your family can recover, and the difference can be millions of dollars.

Federal maritime laws we navigate:

Why jurisdictional expertise matters: Insurance companies will fight to have DOHSA apply (limited damages). We fight to prove general maritime law, OCSLA, Jones Act, or state law applies (full damages including loss of companionship).

Financial impact: The difference between DOHSA and OCSLA application can mean $1-3 million more in compensation for your family.

Offshore fatalities we handle:

  • Helicopter crashes transporting workers to/from platforms
  • Platform explosions and fires
  • Vessel collisions and sinkings
  • Falls from heights on drilling rigs
  • Equipment failures and crushing injuries
  • Exposure to toxic substances

Learn more: Death on the High Seas Act (DOHSA)  

Learn more: Outer Continental Shelf Lands Act (OCSLA)

Medical Malpractice Wrongful Death

Practice area focus: When healthcare providers’ negligence results in death—surgical errors, misdiagnosis, medication mistakes, birth injuries—we hold medical professionals and hospitals accountable through comprehensive litigation requiring top-tier medical expertise.

Medical malpractice deaths we litigate:

  • Surgical errors (wrong-site surgery, anesthesia complications, post-surgical negligence)
  • Misdiagnosis or delayed diagnosis of cancer, heart attack, stroke
  • Medication errors (wrong drug, wrong dose, dangerous drug interactions)
  • Birth injuries resulting in infant or maternal death
  • Emergency room errors and treatment delays
  • Failure to monitor patients properly
  • Hospital-acquired infections due to negligence

Our approach to proving medical negligence:

  • Comprehensive medical record review and analysis
  • Consultation with medical experts in relevant specialties
  • Establishing the applicable standard of care
  • Proving the breach of standard directly caused death
  • Calculating full economic and non-economic damages

These cases require substantial financial investment in expert witnesses and resources to litigate against hospitals with dedicated defense teams.

Learn more: Medical Malpractice

Fatal Vehicle Accidents

Practice area focus: Wrongful death claims arising from automotive negligence, including drunk driving, distracted driving, and commercial trucking accidents.

Fatal accident cases we handle:

  • Drunk driving and distracted driving fatalities
  • Commercial truck crashes (18-wheelers, tractor-trailers)
  • Motorcycle, pedestrian, and bicycle accidents
  • Rideshare accidents (Uber, Lyft)

Parties we pursue for liability:

  • Negligent individual drivers
  • Employers (when driver was working)
  • Trucking companies (for hiring, training, or supervision failures)
  • Vehicle manufacturers (when defects contributed)
  • Government entities (when road defects contributed)

Commercial trucking case considerations:

  • Federal Motor Carrier Safety Regulations violations
  • Electronic logging device (ELD) and black box data preservation
  • Driver qualification files, inspection records, and maintenance logs
  • Multiple potentially liable parties (driver, trucking company, maintenance contractor, shipper)

Defective Products and Dangerous Drugs

Practice area focus: Product liability wrongful death cases against manufacturers of dangerous pharmaceuticals, defective medical devices, and faulty industrial equipment.

Fatal product defects we litigate:

  • Defective medical devices (cardiac devices, implants, surgical equipment)
  • Dangerous pharmaceutical drugs
  • Defective industrial machinery and equipment
  • Defective vehicles (rollovers, fires, brake failures)
  • Dangerous consumer products

Three categories of product liability:

  1. Design defect: Product was inherently dangerous from inception
  2. Manufacturing defect: Product was manufactured incorrectly
  3. Failure to warn: Company knew about dangers but failed to warn users adequately

Resource requirements: Taking on multinational manufacturers requires engineering experts, industry specialists, technical analysis, and litigation costs that can exceed $500,000. LKSA has the financial resources and expert network to prosecute these cases fully.

Learn more: Defective Products and Dangerous Drugs

Aviation Accidents

Practice area focus: Wrongful death claims arising from aircraft accidents, with particular expertise in offshore helicopter crashes that involve both aviation and maritime law.

Aviation fatalities we handle:

  • Offshore helicopter crashes transporting oil and gas workers
  • Air tour helicopter accidents
  • Medical helicopter (air ambulance) crashes
  • Private plane accidents
  • Commercial airline disasters

Dual expertise advantage: LKSA’s combined proficiency in both maritime law AND aviation law is critical for offshore helicopter crash cases, where determining applicable law (DOHSA, OCSLA, or state law) directly impacts recoverable damages.

Aviation accident complexity:

  • NTSB investigation findings (may take years)
  • Multiple federal regulations (FAA, NTSB, OCSLA, DOHSA)
  • Aviation experts and accident reconstructionists required
  • Flight data recorder and maintenance record analysis
  • Complex insurance coverage issues

Learn more: Helicopter Accidents

Construction and Workplace Fatalities

Practice area focus: According to the Bureau of Labor Statistics, thousands of workers die each year from preventable workplace accidents. When negligence causes these deaths, we pursue all available claims beyond workers’ compensation.

Common workplace fatalities:

  • Falls from heights (scaffolding, roofs, ladders)
  • Struck by equipment or falling objects
  • Electrocution
  • Trench and excavation collapses
  • Machinery accidents
  • Chemical exposure

Workers’ compensation limitations and third-party claims:

While workers’ compensation typically provides the exclusive remedy against an employer, we identify third-party liability to maximize recovery:

Third-party defendants we pursue:

  • Equipment manufacturers (defective machinery)
  • Property owners (unsafe worksite conditions)
  • General contractors and subcontractors (negligent conduct)
  • Maintenance companies (failure to maintain equipment properly)

Maximizing recovery through comprehensive claims: By pursuing all liable parties — not just workers’ compensation — we often recover millions more for families than workers’ comp death benefits alone would provide.

Calculating the True Financial Impact of Your Loss

Securing your family’s future requires calculating the complete financial impact of your loss — not just replacing last year’s salary. Insurance companies will try to minimize your family’s loss by offering quick, inadequate settlements before you understand the full value of your claim.

Lost Future Earnings and Benefits

Comprehensive economic analysis includes:

Future earning capacity:

  • Expected career trajectory over your loved one’s working life
  • Anticipated promotions, raises and skill advancement
  • Industry-specific wage growth patterns
  • Inflation adjustments through retirement age

Lost employment benefits:

  • Health insurance coverage your family lost
  • Retirement plan contributions (401(k), pension, profit-sharing)
  • Life insurance coverage
  • Stock options, bonuses and profit-sharing
  • Other employer-provided benefits

Real-world example: A 35-year-old earning $75,000 annually with 30 years until retirement:

  • Simplistic calculation: $75,000 × 30 years = $2.25 million
  • Proper economic analysis (accounting for promotions, raises, inflation): $4-6 million
  • Lost health insurance alone: $600,000-$900,000 over 30 years

Loss of Household Services and Contributions

Quantifying non-wage contributions:

Your loved one provided valuable services to your household beyond their paycheck. We assign economic value to:

  • Childcare and parental supervision
  • Home maintenance and repairs
  • Yard work and property upkeep
  • Financial management and planning
  • Cooking and meal preparation
  • Household management
  • Transportation services
  • Other household contributions

If you now must pay for childcare, lawn services, home repairs, and other services your loved one provided, these costs accumulate to tens of thousands of dollars annually.

Medical, Funeral, and Non-Economic Damages

Additional recoverable damages:

Economic damages:

  • All medical bills from the accident through death
  • Emergency room, hospital, and surgical costs
  • Ambulance and life-flight expenses
  • Funeral and burial expenses
  • Memorial service costs

Non-economic damages:

  • Loss of love, companionship, and affection
  • Loss of guidance, counsel, and advice
  • Loss of consortium (for surviving spouses)
  • Children’s loss of parental guidance and nurturing
  • Mental anguish and grief suffered by survivors

Under wrongful death law, these damages are real, compensable losses with significant economic value.

Expert-Driven Damage Calculations

Just as we utilize comprehensive Life Care Plans to project lifetime costs in catastrophic injury cases, we collaborate with leading economists, vocational analysts, and financial professionals to build irrefutable projections of your family’s losses.

Our damage calculation experts:

  • Forensic economists who calculate lifetime earnings with actuarial precision
  • Vocational rehabilitation specialists who project career advancement trajectories
  • Financial analysts who value benefits and household services
  • Certified public accountants who analyze tax implications
  • Actuaries who account for life expectancy and economic factors

A properly calculated wrongful death claim typically values at 2-3 times what insurance companies’ initial offers suggest.

Survival Actions vs. Wrongful Death Claims: Understanding the Difference

Under wrongful death law, there are actually TWO types of claims when someone dies from negligence. Pursuing both claims simultaneously provides more complete compensation.

Wrongful Death Claim

Who brings it: Surviving family members (spouse, children, parents)

What it compensates:

  • YOUR losses as survivors
  • Lost financial support and services
  • Loss of love and companionship
  • Grief and mental anguish

Purpose: To compensate the family for what THEY lost

Survival Action

Who brings it: The deceased person’s estate (through a representative)

What it compensates:

  • The deceased person’s medical expenses before death
  • The deceased person’s pain and suffering before death
  • Lost wages from injury until death
  • Punitive damages (in cases of egregious conduct and when allowed by law)

Purpose: To compensate for what the DECEASED PERSON suffered and lost

Important: You can pursue BOTH claims simultaneously. Together, they provide more complete compensation than either alone.

Time Limits: Don’t Miss Your Deadline

This is critical: Every wrongful death claim has a strict statute of limitations — a deadline by which you must file your lawsuit or lose your rights forever.

Common Time Limits:

Louisiana state law: 1 year from date of death (some exceptions)

Texas state law: 2 years from date of death

Death on the High Seas Act (DOHSA): 3 years from date of death

Jones Act (maritime workers): 3 years from date of death

Medical malpractice: 1 year in Louisiana

Aviation accidents: May involve federal laws with specific deadlines

Why You Can’t Wait:

❗ Miss the deadline = lose your rights forever. No exceptions.

❗ Evidence disappears – Witnesses forget, documents are destroyed, accident scenes change

❗ Companies build their defense immediately – They’re investigating and gathering evidence to use against you

❗ Determining which law applies takes time – Maritime cases especially require investigation

❗ Expert retention requires advance planning – Top experts have limited availability and require time to analyze cases

We recommend contacting a wrongful death attorney within 30 days of your loved one’s death to preserve all your rights.

The Wrongful Death Litigation Process

Understanding what happens in a wrongful death case helps reduce anxiety during an already difficult time.

Investigation and Filing 

What happens:

  • Free consultation where we listen to your story
  • We investigate the circumstances of the death
  • Determine which laws apply and calculate damages
  • Identify all potentially liable parties
  • File the wrongful death complaint in appropriate court

Your role: Provide information and documents

Our role: Handle all investigation and legal filings

Discovery and Evidence Gathering 

What happens:

  • Both sides exchange documents and information
  • We take depositions (sworn testimony) of witnesses and defendants
  • Defendants depose you and family members
  • We obtain expert reports proving liability and damages
  • Medical records, employment records, financial documents analyzed

Your role: Provide documents, give deposition testimony (we prepare you thoroughly)

Our role: Gather all evidence, retain experts, build the case

Settlement Negotiations and Resolution 

What happens:

  • We present comprehensive demand showing liability and damages
  • Defendants make settlement offers
  • We negotiate aggressively on your behalf
  • Mediation may be ordered by court

Your role: Decide whether to accept settlement offers (we advise, you decide)

Our role: Negotiate maximum compensation, advise on settlement vs. trial

Most wrongful death cases settle before trial — but only because we’re fully prepared to win at trial.

Trial (If Settlement Fails)

Timeline: Trials typically last 1-2 weeks

What happens:

  • Jury selection, opening statements
  • Witness testimony and expert presentations
  • Cross-examination, closing arguments
  • Jury deliberation and verdict

We prepare every case as if it will go to trial — because defendants only offer fair settlements when they fear losing at trial.

Overcoming Common Defense Strategies

Defense Strategy #1: Comparative Fault Attribution

Defense argument: “The deceased contributed to the accident through their own negligence or disregard for safety.”

Our response:

  • Comparative fault reduces recovery but doesn’t eliminate liability in most jurisdictions
  • Louisiana: Pure comparative fault system — recovery reduced by deceased’s percentage of fault
  • Texas: Modified comparative fault — recovery available if deceased was 50% or less at fault
  • We prove defendant’s negligence was the primary or substantial cause
  • We expose victim-blaming as a tactic to avoid corporate accountability

Example: Even if damages total $2 million and the deceased is found 20% at fault, the family still recovers $1.6 million (80%).

Defense Strategy #2: Damage Minimization

Defense argument: “The deceased was elderly, near retirement, or not the primary earner — damages should be minimal.”

Our response:

  • Every life has substantial economic and non-economic value regardless of age or income
  • We calculate comprehensive value of household services, guidance and companionship
  • We present compelling testimony from family members about the true impact
  • We utilize expert testimony to quantify all economic and non-economic losses
  • We emphasize that children’s loss of parental guidance has immeasurable value

Defense Strategy #3: Liability Denial

Defense argument: “The accident was unforeseeable. We followed all regulations. Someone else is responsible.”

Our response:

  • We obtain internal company documents proving knowledge of dangers.
  • We demonstrate violations of industry safety regulations and standards.
  • We identify all responsible parties and pursue joint and several liability.
  • We use expert testimony to prove how the death could have been prevented.
  • We show patterns of similar incidents demonstrating foreseeability.

Defense Strategy #4: Premature Settlement Pressure

Defense tactic: Offering quick settlements before families understand true case value

Our response:

  • We never recommend accepting initial settlement offers.
  • We complete comprehensive damage calculations before entertaining settlement discussions.
  • We leverage 40+ years of experience valuing wrongful death cases.
  • We provide honest case evaluations while ensuring families make informed decisions.
  • We maintain trial-ready posture to maximize settlement leverage.

When to Contact a Wrongful Death Attorney

Contact experienced wrongful death counsel immediately if:

For Maritime and Offshore Deaths:

  • Your loved one died on a vessel, oil rig, or offshore platform
  • Your loved one died in a helicopter crash while working offshore
  • Your loved one was employed in the maritime or offshore oil industry
  • The death occurred on the water
  • You’re uncertain whether DOHSA, OCSLA, or state law applies

For Medical Malpractice Deaths:

  • Your loved one died during or after surgery
  • Your loved one’s diagnosis was missed or delayed
  • Your loved one died from a medication error
  • Your loved one died from a hospital-acquired infection
  • The death occurred in a hospital, nursing home, or medical facility

For Fatal Accidents:

  • Your loved one died in a car, truck or motorcycle accident
  • A drunk or distracted driver caused the death
  • A commercial truck or company vehicle was involved
  • Your loved one died in a workplace accident
  • Your loved one died due to defective products or equipment

For Aviation Deaths:

  • Your loved one died in a helicopter crash
  • Your loved one died in a small plane accident
  • Your loved one died in a commercial airline disaster
  • The aircraft was transporting workers to/from offshore facilities

For All Cases:

  • The death occurred less than one year ago (Louisiana statute of limitations)
  • The death occurred less than two years ago (Texas statute of limitations)
  • You believe negligence caused or contributed to the death
  • Insurance companies are pressuring you to settle quickly
  • You’re uncertain about your legal rights
  • No one has investigated the cause of death thoroughly
  • The company is claiming the death was “accidental” or “unforeseeable”
  • You’ve been told “nothing can be done”

Don’t wait for the company to investigate. They’re building their defense right now — you need lawyers building your case.

Frequently Asked Questions About Wrongful Death Claims

Eligibility to file wrongful death claims is determined by state law:

Louisiana: Surviving spouse, children, parents (if no spouse/children), siblings (if no spouse/children/parents) — in that order of preference

Texas: Surviving spouse, children, and parents may all file

Maritime law: Personal representative of the estate files on behalf of statutory beneficiaries

Minor children: Parents or court-appointed legal guardians file on behalf of minor children

Determining eligibility: If you’re uncertain about your legal standing to file, contact us for a case evaluation.

Timeline varies based on case complexity:

Settled cases: Typically 12-24 months from initial filing to resolution

Tried cases: Typically 24-48 months from filing through trial and verdict

Timeline factors:

  • Complexity of liability issues
  • Number of defendants
  • Extent of discovery required
  • Court scheduling and docket congestion
  • Settlement negotiation progress
  • Whether case proceeds to trial

Our commitment: We keep families informed throughout the process with regular updates on case status and developments.

Contingency fee representation:

At LKSA, wrongful death cases are handled on a contingency fee basis:

  • No upfront costs or retainer fees
  • No hourly billing
  • No out-of-pocket expenses for clients
  • We advance all litigation costs (expert fees, investigation costs, court fees, deposition expenses)
  • We are paid only if we recover compensation for your family
  • Our fee is a percentage of the recovery
  • If we don’t win, you owe us nothing

Why this matters: Wrongful death cases can cost hundreds of thousands of dollars to prosecute fully. Our contingency fee structure ensures families have access to elite legal representation regardless of their financial situation.

Comprehensive recovery source investigation:

We investigate all potential sources of compensation:

Multiple defendant identification: Often more than one party bears liability for deaths

Insurance coverage analysis:

  • Automobile liability insurance
  • Commercial general liability policies
  • Professional liability insurance (medical malpractice)
  • Product liability coverage
  • Excess and umbrella policies

Corporate asset investigation: Major corporations often have substantial assets beyond insurance coverage

Uninsured/underinsured motorist coverage: Your own insurance policy may provide coverage when defendants lack adequate insurance

Maritime employer liability: Maritime employers often maintain substantial assets and insurance

Initial consultation assessment: We evaluate all potential recovery sources during the free case evaluation.

Testimony requirements depend on case resolution:

If case settles (majority of cases): Family members typically do not testify or attend court proceedings

If case proceeds to trial:

  • Family members may testify about their relationship with the deceased
  • Testimony describes the impact of the loss on your life
  • We provide thorough preparation — you’ll know exactly what to expect
  • Most families find properly-prepared testimony to be a meaningful part of the healing process

Our preparation process ensures witnesses feel comfortable and confident.

What Makes LKSA Different in Wrongful Death Cases

  • Four Decades Representing Grieving Families – LKSA has handled wrongful death cases across multiple practice areas.
  • Recognized Trial Reputation – Elite trial credentials.
  • Substantial Financial Resources – Investment capacity for complex litigation.
  • Dual Maritime and Aviation Expertise – For offshore helicopter crashes and platform fatalities, LKSA’s combined expertise in maritime law and aviation law is critically important.
  • Compassionate Client Service

Protect Your Family’s Future: Contact LKSA Today

When a loved one dies because of another party’s negligence, your family deserves both justice and financial security.

Wrongful death litigation against well-funded defendants requires experienced trial counsel with substantial resources and proven results.

Get Your Wrongful Death Case Consult