Losing a family member because of someone else’s carelessness is one of the hardest things a Louisiana family can go through — and in the middle of the grief, most people have no idea what their legal rights are or how little time they may have to act. This guide explains, in plain language, who is allowed to bring a wrongful death claim in Louisiana, what a claim can involve, and the deadlines that apply. It is general legal information, not legal advice for your situation.
Louisiana law actually recognizes two related but separate claims when a person dies because of another party’s fault. A wrongful death action compensates the surviving family members for their own losses — the loss of the loved one’s companionship, support, guidance, and the grief they carry. A survival action is different: it belongs to the person who died and covers the damages they experienced between the injury and death, such as their pain, suffering, and medical expenses, which their beneficiaries can then pursue on their behalf. You can read more about how these differ in our overview of survival actions.
Both claims come from the same body of Louisiana law. The wrongful death action is set out in Louisiana Civil Code Article 2315.2, and the survival action in Article 2315.1.
Not just anyone can bring a wrongful death claim in Louisiana. The law sets a strict order of who is entitled to file, and only the highest-ranking surviving class may bring the action:
First, the surviving spouse and children (or either the spouse or the children). If there are no surviving spouse or children, the right passes to the surviving parents. If there are none of those, it passes to the surviving siblings. And if none of those exist either, it passes to the surviving grandparents. Adopted children and adoptive parents are included within these categories.
What this means in practice is that the right to file belongs to the closest surviving family members, and a more distant relative generally cannot bring a claim if a closer one survives. Because family situations can be complicated — blended families, estranged relatives, dependents who aren’t legally recognized — figuring out who actually has the right to file is one of the first things a lawyer will help sort out.
Louisiana recently changed the deadlines for these claims, so a lot of older information online is now out of date. Under the current version of Article 2315.2, a wrongful death action prescribes — that is, the deadline runs out — one year from the date of death (or two years from the date of injury, whichever is longer, under La. C.C. art. 2315.2(B)), or two years from the day the injury or damage was sustained, whichever period is longer. Medical malpractice wrongful death claims are treated differently and generally prescribe one year from the date of death.
“Prescription” is Louisiana’s term for what most states call the statute of limitations, and it is unforgiving: once the deadline passes, the claim is usually gone for good, no matter how strong it was. Because the rules recently changed and because the correct deadline depends on the specific facts — when the injury happened, when the death occurred, and the type of case — this is not something to guess about. If you think your family may have a claim, the safest step is to talk to a lawyer as early as possible so the deadline is calculated correctly and evidence can be preserved while it’s still available.
The damages available in a Louisiana wrongful death case are meant to address both the emotional and the financial impact of the loss. These commonly include the loss of the loved one’s love, affection, and companionship; the loss of financial support the deceased would have provided; the loss of services and guidance to the family; the survivors’ own mental anguish and grief; and, through the companion survival action, the deceased’s own pre-death pain and medical bills, plus funeral and burial expenses. Every case is different, and what a family may be entitled to depends entirely on the facts.
Many of the most serious fatal accidents in our area involve special areas of law. A death on a vessel, rig, or in the offshore industry may fall under maritime law and the Jones Act rather than ordinary state law, which changes the deadlines, the available damages, and who can be held responsible — we cover that on our Jones Act and maritime injury pages. Fatal highway crashes, workplace incidents, and other catastrophic events each carry their own rules as well. Because the type of accident can completely change the analysis, it’s worth having someone look at the specific circumstances rather than assuming which law applies.
Our firm has represented injured people and grieving families in the Houma area for decades, and we handle wrongful death and personal injury cases on a contingency basis — meaning there is no attorney fee unless we recover for you. We understand that no legal outcome brings a loved one back, and our role is to carry the legal burden so your family can focus on healing while we pursue accountability and the compensation the law allows. If you have lost a family member and want to understand your options, you’re welcome to reach out for a free, confidential consultation.
Louisiana law sets a strict order: the surviving spouse and children first; then the surviving parents if there is no spouse or child; then the surviving siblings; and finally the surviving grandparents if none of the others survive. Adopted children and adoptive parents are included. Only the highest surviving class may bring the claim.
Under the current version of Civil Code Article 2315.2, a wrongful death action generally prescribes one year from the date of death or two years from the day the injury was sustained, whichever is longer. Medical malpractice wrongful death claims generally prescribe one year from the date of death. Because these rules changed recently and depend on your facts, confirm your deadline with an attorney quickly.
A wrongful death action compensates surviving family members for their own losses, such as grief and loss of support. A survival action belongs to the person who died and covers the damages they suffered between injury and death, including their pain and medical expenses. Both can often be pursued together.
Damages can include loss of love, companionship, and support; the survivors’ mental anguish; loss of the guidance and services the deceased provided; and, through the survival action, the deceased’s pre-death pain, medical bills, and funeral costs. What a family may recover depends on the specific facts of the case.
Kopfler & Hermann handles wrongful death and personal injury cases on a contingency basis, which means there is no attorney fee unless we recover for you. An initial consultation is free and confidential.
This article is general legal information for Louisiana residents and is not legal advice. Reading it does not create an attorney-client relationship. Prior results do not guarantee a similar outcome; every case depends on its own facts. If you have questions about a specific situation, consult a licensed Louisiana attorney.
