Wrongful Death Complaint - Louisiana

PETITION FOR DAMAGES FOR WRONGFUL DEATH AND SURVIVAL ACTION

(Louisiana State Court – [____] Judicial District Court for the Parish of [PARISH])

TABLE OF CONTENTS

1. Caption & Parties Identification
2. Definitions
3. Jurisdiction, Venue & Governing Law
4. Statement of Facts
5. Cause of Action I – Wrongful Death (La. Civ. Code art. 2315.2)
6. Cause of Action II – Survival Action (La. Civ. Code art. 2315.1)
7. Damages Sought
8. Reservation of Rights & Optional Arbitration Election
9. Prayer for Relief
10. Jury Demand
11. Certification of Counsel (La. Code Civ. Proc. art. 863)
12. Verification/Affidavit of Petitioners
13. Service Information & Requests

1. CAPTION & PARTIES IDENTIFICATION

[____] JUDICIAL DISTRICT COURT
STATE OF LOUISIANA
PARISH OF [PARISH]

Docket/Civil Action No.: [_______]
Division: [____]
Judge: [_______________]

2. DEFINITIONS

For purposes of this Petition, the following capitalized terms have the meanings set forth below:

A. “Decedent” means [DECEDENT FULL NAME], who died on [DATE OF DEATH].
B. “Petitioners” means the individuals identified in Section 1 who are eligible beneficiaries under La. Civ. Code art. 2315.2 and/or art. 2315.1.
C. “Defendant” means [DEFENDANT FULL NAME], including all agents, employees, insurers, and successors.
D. “Incident” means the events occurring on [DATE OF INCIDENT] at [LOCATION] that caused Decedent’s injuries and subsequent death.
E. “Wrongful-Death Damages” means the damages recoverable under La. Civ. Code art. 2315.2(A), subject to the prescriptive period of art. 2315.2(B) and the heritability provision of art. 2315.2(C).
F. “Survival Damages” means the damages recoverable under La. Civ. Code art. 2315.1(A), subject to the succession-representative provision of art. 2315.1(B) and the prescriptive/heritability provisions of art. 2315.1(A) and (C).

3. JURISDICTION, VENUE & GOVERNING LAW

3.1 This Court has subject-matter jurisdiction pursuant to La. Const. art. V, § 16 and La. Code Civ. Proc. art. 2.

3.2 Venue is proper in this Parish under La. Code Civ. Proc. art. 74, which governs delictual actions (including wrongful death and survival actions) and permits suit in the parish where any Defendant resides or where the cause of action arose, and which supersedes the general venue rule of La. Code Civ. Proc. art. 42 for such actions, because [state specific venue facts].

3.3 Louisiana substantive law, including La. Civ. Code arts. 2315, 2315.1, and 2315.2, governs the causes of action asserted herein.

4. STATEMENT OF FACTS

4.1 On [DATE OF INCIDENT], at approximately [TIME], Decedent was [brief factual narrative].

4.2 Defendant owed Decedent a duty of reasonable care under Louisiana law, specifically [describe duty—e.g., duty to safely operate a motor vehicle / maintain premises / provide medical care].

4.3 Defendant breached said duty by [list specific negligent acts or omissions].

4.4 As a direct and proximate result of Defendant’s breach, Decedent suffered severe injuries culminating in death on [DATE OF DEATH].

4.5 Petitioners, as statutory beneficiaries, sustained economic and non-economic losses detailed in Section 7.

5. CAUSE OF ACTION I – WRONGFUL DEATH

(La. Civ. Code art. 2315.2)

5.1 Petitioners reallege and incorporate Paragraphs 4.1–4.5.

5.2 At all relevant times, Petitioners are among the class of beneficiaries enumerated in La. Civ. Code art. 2315.2(A), which grants the right of action, in order of priority, to only the highest-priority class that survives the Decedent:
a. ☐ Surviving spouse and/or children (art. 2315.2(A)(1));
b. ☐ Surviving parents, if no spouse or children survive (art. 2315.2(A)(2));
c. ☐ Surviving siblings, if no spouse, child, or parent survives (art. 2315.2(A)(3));
d. ☐ Surviving grandparents, if none of the foregoing survive (art. 2315.2(A)(4)).

5.3 Defendant’s fault caused Decedent’s death, entitling Petitioners to Wrongful-Death Damages, including but not limited to:
i. Loss of love, affection, companionship, and consortium;
ii. Loss of support and services;
iii. Funeral and burial expenses;
iv. Mental anguish and emotional distress.

5.4 This wrongful death action is timely because it is filed within the prescriptive period fixed by La. Civ. Code art. 2315.2(B): one year from the date of Decedent's death on [DATE OF DEATH], or two years from the day the injury or damage was sustained, whichever is longer. (Louisiana is a civil-law jurisdiction; the applicable time bar is termed "prescription," not a common-law "statute of limitations," and Louisiana does not apply a general common-law discovery-rule tolling doctrine to this prescriptive period — the express two-track rule of art. 2315.2(B) is the sole extension provided by the Article. A separate, shorter one-year-from-death prescriptive period applies to medical malpractice wrongful death claims under art. 2315.2(F).)

6. CAUSE OF ACTION II – SURVIVAL ACTION

(La. Civ. Code art. 2315.1)

6.1 Petitioners reallege and incorporate Paragraphs 4.1–4.5 and 5.1–5.3. The survival action asserted in this Section is a separate and distinct cause of action from the wrongful death action asserted in Section 5, though both actions employ the same beneficiary class and order of priority set forth in La. Civ. Code art. 2315.2(A) and art. 2315.1(A)(1)–(4).

6.2 Decedent survived for a period between the Incident and death, during which Decedent endured conscious pain and suffering.

6.3 Pursuant to La. Civ. Code art. 2315.1, Petitioners are entitled to recover Survival Damages, including:
i. Pre-death physical pain and suffering;
ii. Pre-death mental anguish and emotional distress;
iii. Medical expenses incurred prior to death;
iv. Loss of earnings and earning capacity during the survival period.

6.4 This survival action is timely because it is filed within the prescriptive period fixed by La. Civ. Code art. 2315.1(A): one year from the date of Decedent's death on [DATE OF DEATH], or two years from the day the injury or damage was sustained, whichever is longer. In the absence of any beneficiary within the classes described in Paragraph 5.2, the right to recover Survival Damages may instead be urged by Decedent's succession representative pursuant to art. 2315.1(B). (A separate prescriptive period governed by La. R.S. 9:5628 applies to medical malpractice survival actions under art. 2315.1(F).)

7. DAMAGES SOUGHT

7.1 Petitioners seek judgment against Defendant, jointly and severally with any insurers, in an amount reasonable in the premises, including all Wrongful-Death Damages and Survival Damages permitted by Louisiana law.

7.2 There is no general statutory cap on damages recoverable in an ordinary (non-medical-malpractice) Louisiana wrongful death or survival action. However, to the extent Defendant is, or is later shown to be, a "qualified health care provider" under the Louisiana Medical Malpractice Act and this action is a malpractice claim, Petitioners acknowledge the total-damages limitation of La. R.S. 40:1231.2(B)(1) ($500,000 plus interest and costs, exclusive of future medical care and related benefits, which are separately and uncapped under La. R.S. 40:1231.3), and reserve all rights therein.

7.3 Petitioners further claim legal interest from the date of judicial demand until paid, together with all taxable costs.

8. RESERVATION OF RIGHTS & OPTIONAL ARBITRATION ELECTION

8.1 Petitioners reserve the right to amend this Petition to assert additional claims, name additional parties, or adjust damages as discovery warrants.

8.2 [OPTIONAL] In the event Defendant demonstrates a binding and enforceable arbitration agreement covering the Incident, Petitioners elect [one: “to compel arbitration pursuant to said agreement” / “to object and demand judicial resolution”].

9. PRAYER FOR RELIEF

WHEREFORE, Petitioners pray that:
a. Defendant be duly cited and served;
b. After due proceedings, there be judgment in favor of Petitioners and against Defendant for all damages described herein, plus legal interest and costs;
c. All equitable and general relief be granted as justice requires.

10. JURY DEMAND

Pursuant to La. Code Civ. Proc. art. 1731 and the Louisiana Constitution, Petitioners hereby request a trial by jury on all issues so triable and tender the requisite filing fee.

11. CERTIFICATION OF COUNSEL

Undersigned counsel certifies, pursuant to La. Code Civ. Proc. art. 863(B), that he/she has read this Petition; that to the best of his/her knowledge, information, and belief it is well-grounded in fact, warranted by existing law, and not interposed for improper purpose.

12. VERIFICATION / AFFIDAVIT OF PETITIONERS

STATE OF LOUISIANA
PARISH OF [PARISH]

BEFORE ME, the undersigned Notary Public, personally came and appeared:

1. [PETITIONER 1 NAME]
2. [PETITIONER 2 NAME]

who, after being duly sworn, declared that they have read the foregoing Petition and that all facts alleged therein are true and correct to the best of their knowledge, information, and belief.

_______________________ _______________________
[PETITIONER 1 SIGNATURE] [PETITIONER 2 SIGNATURE]

SWORN TO AND SUBSCRIBED before me on this ____ day of __________, 20__, at __________, Louisiana.

____________________________
NOTARY PUBLIC
My Commission Expires: __________

13. SERVICE INFORMATION & REQUESTS

Please withhold service until requested. Upon issuance, kindly forward certified copies of citations and the Petition to undersigned counsel for service in accordance with La. Code Civ. Proc. arts. 1201–1235.

RESPECTFULLY SUBMITTED,

[LAW FIRM NAME]
[Address Line 1]
[Address Line 2]
Telephone: [___]
Facsimile: [___]
Email: [___]

By: ___________________________
[ATTORNEY NAME] (Bar # ______)
Counsel for Petitioners