St. Tammany Parish
Wrongful Death Lawyer in Mandeville, Louisiana
Nothing here undoes what happened. What a wrongful death claim can do is hold the responsible party accountable and secure the financial footing your family needs going forward. Louisiana gives specific family members the right to bring two separate claims, and the deadlines are short.
What to do after a wrongful death in Mandeville
The first two weeks after a crash shape the entire claim. Here is the order that matters most, in the specific context of Mandeville and St. Tammany Parish.
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Get medical attention, even if you feel okay
Adrenaline masks injury. Soft-tissue damage and concussion symptoms often surface 24 to 72 hours later. In Mandeville, that usually means Lakeview Regional Medical Center (95 E Fairway Dr). A gap between the crash date and your first visit is the first thing an adjuster will use against you.
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Make sure a report is filed
Depending on where in Mandeville the crash occurred, the responding agency may be the local police department, the St. Tammany Parish Sheriff’s Office, or Louisiana State Police Troop L. Get the item or report number before you leave the scene.
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Photograph everything while it exists
Vehicle positions, skid marks, debris fields, roadway conditions, traffic controls, and your visible injuries. Scenes are cleared within hours; vehicles are repaired or scrapped within weeks.
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Do not give the other insurer a recorded statement
You are not required to. Those calls are designed to lock in quotes about fault and about how you feel before anyone knows the extent of the injury. You do have a duty to notify and cooperate with your own carrier.
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Get the claim reviewed before deadlines run
Louisiana’s filing deadline is unforgiving, and the evidence that proves liability has a much shorter shelf life than the deadline does. A free review costs nothing and takes a phone call.
How a wrongful death claim works in Louisiana
Louisiana recognizes two distinct claims after a fatal accident: a wrongful death action under Civil Code article 2315.2 for the survivors' own losses, and a survival action under article 2315.1 for what the decedent endured between injury and death. Only certain family members may file, in a strict order of priority, and both claims generally must be brought within one year of the death.
Deadline: Generally one year from the date of death for both the wrongful death and survival actions. Confirm your own date with an attorney — missing it ends the claim permanently.
Where wrongful death claims happen in Mandeville
Mandeville carries the heaviest commuter load on the Northshore. Tens of thousands of drivers cross the Lake Pontchartrain Causeway daily, and the northern approach funnels that volume onto US-190 and I-12. Causeway crashes involve their own police reports through the Causeway Police Department, which is a separate agency from Mandeville PD or St. Tammany Sheriff.
The corridors that generate the most serious crash claims in and around Mandeville:
- The Causeway northern terminus and toll plaza
- US-190 between Causeway Blvd and Monroe St
- LA-22 through Old Mandeville
- The I-12 / LA-59 interchange
Primary routes through the area include US-190 (Causeway Approach), Lake Pontchartrain Causeway, LA-22, LA-59, and Interstate 12.
Circumstances we handle
- Fatal injuries in a motor vehicle collision
- Death following a period of hospitalization
- Commercial trucking fatalities
- Motorcycle and pedestrian fatalities
- Deaths caused by drunk or impaired drivers
- Deaths caused by defective vehicles or road conditions
What a Mandeville wrongful death claim can recover
Louisiana law allows recovery for both economic losses you can document and non-economic losses that are real but harder to put a number on. A well-built claim accounts for both:
- Funeral and burial expenses
- Medical bills incurred before death
- The decedent's pain and suffering before death (survival action)
- Loss of financial support and household services
- Loss of love, affection, companionship, and guidance
- Grief and mental anguish of the surviving family
Evidence that decides these cases
Most of what proves a wrongful death claim has a shelf life. Camera footage is overwritten, vehicles are repaired, and memories fade. This is the material we move to secure first:
- The coroner's report, autopsy, and toxicology findings
- The complete crash investigation file and any reconstruction
- All medical records from the injury through the date of death
- Proof of the claimant's relationship and standing to sue
- Economic records establishing the decedent's earnings and support
- Evidence of conscious pain and suffering before death
Mistakes that quietly reduce a claim
None of these are obvious in the moment. All of them show up later as a lower number:
- Assuming the one-year deadline matches the two-year personal injury period
- Filing without confirming who has standing under the statutory order
- Pleading the wrongful death claim without the survival action
- Allowing an insurer to close the file during the family's grieving period
- Distributing a settlement involving minors without court approval
- Declining an autopsy when causation may later be disputed
Who can be held responsible
In a Mandeville case, the parties on the hook typically include the at-fault driver, any employer vicariously liable for that driver, and the insurers on each policy. Identifying every available policy early is often what determines whether a serious injury gets fully compensated or capped by a $15,000 minimum limit.
Louisiana law that shapes your case
Louisiana is not like other states. A few provisions do more to determine the value of a St. Tammany Parish claim than almost anything else:
Only certain family members may file
Louisiana sets a strict order of who may bring the claim: first the surviving spouse and children; if none, the surviving parents; if none, siblings; then grandparents. A lower class only has standing if no one in a higher class survives. Confirming standing early avoids a fatal procedural problem later.
Two separate claims arise from a fatal crash
Louisiana recognizes both a wrongful death action (La. Civ. Code art. 2315.2), which compensates surviving family for their own losses, and a survival action (art. 2315.1), which compensates for what the decedent themselves endured between injury and death. They have different beneficiaries, different damages, and are typically pled together.
Louisiana now bars recovery at 51% fault
This is the biggest change to Louisiana injury law in decades. Louisiana used pure comparative fault for years, meaning a plaintiff who was 90% at fault could still recover 10% of their damages. Act 15 of 2025 rewrote La. Civ. Code art. 2323 effective January 1, 2026. For causes of action arising on or after that date, a person found 51% or more at fault recovers nothing at all. Below 51%, damages are still reduced in proportion to fault. Where a jury decides comparative fault, it must now be instructed on exactly that consequence.
You usually cannot sue the insurance company directly anymore
Louisiana was long known for its Direct Action Statute, which let an injured person name the at-fault driver's liability insurer as a defendant. Act 275 of 2024 removed that general right effective August 1, 2024. La. R.S. 22:1269 still exists, but a direct action is now the exception rather than the rule — available only in defined circumstances such as the insured's bankruptcy or insolvency, inability to serve the insured, the insured's death, a claim against a family member, an uninsured motorist claim, or where the insurer has denied coverage or reserved its rights. Determining which exception applies is now an early strategic question in nearly every case.
Not wearing a seat belt can now be used against you
This one catches people out, including lawyers relying on older material. La. R.S. 32:295.1(E) used to bar evidence of seat belt non-use in a civil case. That subsection was repealed effective January 1, 2021, so the statutory shield is gone. If you were not belted, expect the defense to raise it. It is one more reason the medical and biomechanical proof in a case has to be built carefully rather than assumed.
"No Pay, No Play" now costs uninsured drivers up to $100,000
La. R.S. 32:866 has always limited what an uninsured driver can recover, even when someone else caused the crash. The thresholds used to be $15,000 in bodily injury and $25,000 in property damage. House Bill 434, effective August 1, 2025, raised both to $100,000. For a crash on or after that date, an uninsured driver may be unable to recover the first $100,000 of bodily injury damages and the first $100,000 of property damage. If you were uninsured at the time, say so at the first meeting so the claim can be structured around it.
Minimum coverage is low, which makes UM coverage critical
Louisiana's minimum liability limits are 15/30/25 — $15,000 per person, $30,000 per accident, and $25,000 in property damage. A single emergency room visit and an MRI can exhaust that. Uninsured and underinsured motorist coverage on your own policy is very often the difference between a real recovery and a token one, particularly now that the direct action route against the other driver's insurer has narrowed.
Where your Mandeville case would be heard
Trial court
22nd Judicial District Court
Courthouse
701 N Columbia St, Covington, LA 70433
Parish
St. Tammany Parish
Federal district
U.S. District Court, Eastern District of Louisiana
Most claims never reach a courtroom. But the court a case would be filed in still shapes it — local rules, scheduling practice, and the jury pool all factor into what an insurer is willing to pay.
Frequently asked questions
How long do I have to file a wrongful death claim in Mandeville, Louisiana?
Louisiana changed its deadline for most personal injury claims from one year to two years for injuries occurring on or after July 1, 2024 (La. Civ. Code art. 3493.1). Injuries before that date generally remain subject to the old one-year period, and wrongful death claims run from the date of death. Because the applicable deadline depends on your specific dates and claim type — and missing it ends the case permanently — confirm it with an attorney as early as you can.
What does a wrongful death lawyer cost in Mandeville?
Kervin Law LLC handles these cases on contingency. There is no retainer, no hourly billing, and no upfront cost. The fee is a percentage of what we recover, and if there is no recovery there is no fee. The initial case review is free and carries no obligation.
Where would my wrongful death case be filed if I live in Mandeville?
Cases arising in Mandeville are typically filed in the 22nd Judicial District Court (701 N Columbia St, Covington, LA 70433). Some claims resolve before suit is filed; when they do not, that is the court where your case would proceed.
Should I give the other driver's insurance company a recorded statement?
Not before you have spoken with an attorney. You are not obligated to give a recorded statement to the other side's insurer. Those interviews are structured to produce quotable admissions about fault, prior injuries, and how you are feeling before the full extent of an injury is known. You do have a duty to cooperate with your own insurer, which is a different obligation.
What if the at-fault driver in Mandeville had no insurance or too little?
This is common in Louisiana, where minimum limits are only $15,000 per person. Your own uninsured/underinsured motorist (UM/UIM) coverage steps in to fill the gap, and it is a first-party claim against your own carrier — which does not mean it will be paid readily. We also look for additional layers: an employer if the driver was working, a vehicle owner, or a commercial policy. Note that since August 2024 you generally cannot name the other driver's insurer directly unless a statutory exception applies.
Do I have to go to court?
Most cases settle without a trial. Filing suit, though, is often what moves an insurer off an unreasonable number, so being genuinely prepared to try the case matters even when it ultimately settles. If your case does reach trial, you would attend — and we would prepare you thoroughly for it.
How is a wrongful death settlement divided among family members?
Louisiana law establishes classes of beneficiaries in order of priority, and damages are generally allocated according to each claimant's own loss — which is why a surviving spouse and a minor child may receive different amounts. Where minors are involved, court approval of the allocation is typically required.
Further reading
- Mandeville and Causeway Crash Claims: Which Agency Investigates, and Why It Matters
- Louisiana’s New 51% Comparative Fault Rule: What Changed on January 1, 2026
Reviewed by David Kervin, attorney licensed in Louisiana · Last updated
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