Hiring a Wrongful Death Lawyer in Louisiana
Who can bring a wrongful death claim in Louisiana, the deadline, limits on damages, how lawyers usually charge (contingency fees), how to check a lawyer's license, and free help. We do not recommend or rank lawyers.
What a lawyer costs in Louisiana: fee rules
| Rules on contingency fees | Contingent fees are allowed except where Rule 1.5(d) or other law prohibits them. The agreement must be in a writing signed by the client, and the client must get a copy or duplicate original when it is signed. It must state how the fee is figured, including percentages on settlement, trial or appeal, the litigation and other expenses deducted from the recovery, whether expenses come out before or after the fee is calculated, and any expenses the client owes whether or not they win. At the end, the lawyer must give a written statement of the outcome and the client's share. Contingent fees are banned for criminal defendants and for domestic relations fees contingent on a divorce or the amount of alimony, support or property settlement. |
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| If you disagree with a lawyer's bill | The Louisiana State Bar Association's Lawyer Fee Dispute Resolution Program handles minor attorney fee disputes between lawyers and clients (or between lawyers) through volunteer arbitrators. The LSBA charges a nominal administrative fee and may decline disputes that are too complex, involve many issues or parties, are pending elsewhere, or fall under a statutory scheme such as succession or workers' compensation. LSBA staff cannot give legal advice. Contact: (504) 619-0153 or (504) 619-0143. |
| If a lawyer takes your money | The LSBA Client Assistance Fund compensates clients who lose money or property due to a lawyer's dishonest conduct (not incompetence or failure to act), reimbursing up to $50,000 for thefts by a lawyer; interest and consequential damages are not paid, and fees are reimbursable only in limited cases, such as when the lawyer did no work. You must show the money or property reached the lawyer. Applying is free and no lawyer is needed; deadlines apply, so apply promptly. The fund also advises filing a complaint with the Office of Disciplinary Counsel. Contact: 601 St. Charles Ave., New Orleans, LA 70130-3427; (504) 566-1600 or (800) 421-5722, ext. 107. |
Louisiana rules to know first
| Who can sue | Family members may sue in classes, in this order: (1) the surviving spouse and children; (2) if none, the surviving parents; (3) if none, the surviving brothers and sisters; (4) if none, the surviving grandparents. Adopted relatives count, and a parent who abandoned the person during childhood is treated as not surviving. |
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| Deadline to file | One year from the death, or two years from the day the injury or damage was sustained, whichever is longer. For wrongful death claims based on medical malpractice, the period is one year from the death. A separate survival action (for the injured person's own damages before death) has the same time limit. |
| Damage caps | Caps apply to claims against the state and local governments ($500,000 for general damages) and to medical malpractice claims against qualified health care providers ($500,000). |
Find and check a lawyer
| Lawyer referral service | The Louisiana State Bar Association's Find Legal Help portal does not describe a statewide LSBA referral line; its Find an Attorney directory can locate a local lawyer referral program for certain cities, and its Modest Means Directory lists attorneys who charge reduced fees to people who meet income requirements. LSBA phone: (800) 421-LSBA (5722) or (504) 566-1600. |
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| Check that the lawyer is licensed | The Louisiana Attorney Disciplinary Board's lawyer search lets you look up attorneys by name, city and status. Each result shows the date admitted, a status code (such as ELIG for eligible to practice, SUS suspended, DIS disbarred, INA inactive), public disciplinary actions with dates, and current administrative status. It does not show complaints, investigations or private discipline; full disciplinary history can be requested separately. Discipline history request: https://www.ladb.org/Account/DataRequest.aspx |
| Check discipline history or file a complaint | Complaints about Louisiana lawyers must be in writing to the Office of Disciplinary Counsel (ODC), using the Ethical Conduct Complaint Form or a letter describing what the lawyer did or failed to do, with the lawyer's contact details, dates and copies of documents. Mail to ODC, 4000 S. Sherwood Forest Blvd., Suite 607, Baton Rouge, LA 70816; phone (225) 293-3900 or (800) 326-8022. Anyone may file. ODC screens the complaint, may send it to the lawyer for a response (which you usually see), and may dismiss, issue a private admonition or file formal charges. You may appeal a dismissal in writing within 30 days. |
Free legal help
| Free legal aid | Louisiana's LSC-funded legal aid organizations, Acadiana Legal Service Corporation and Southeast Louisiana Legal Services, give free civil legal help to eligible low-income people. The LSBA also points people to the Louisiana Civil Legal Navigator (free legal information, court forms and legal aid referrals), LA.FreeLegalAnswers.org (online answers from volunteer attorneys for eligible adults), LouisianaLawHelp.org, and court self-help centers. LSBA page: https://www.lsba.org/goto/FindLegalHelp |
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General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.