The MAXOUT Lawyer | April 30, 2026 | Wrongful Death
Wrongful Death in Louisiana — Who Can File a Claim, and What Can You Recover?
Losing a family member to someone else’s negligence is one of the most devastating things a family can go through. You’re grieving. You may be facing sudden financial hardship. And at the same time, someone is telling you that you need to understand your legal rights before a deadline passes.
We want to walk you through this as clearly and directly as possible — because this is one area of Louisiana law where the rules are specific, and where missing a deadline or misunderstanding who can file can result in your family losing rights you didn’t know you had.
Louisiana’s Wrongful Death Statute — The Basics
Louisiana Civil Code Article 2315.2 governs wrongful death claims. A wrongful death occurs when someone dies due to the fault — negligence, recklessness, or intentional act — of another person or entity.
The law gives certain family members the right to bring a wrongful death claim to recover damages for their own losses caused by the death. This is separate from any survival action (discussed below), and it is separate from the deceased person’s own pain and suffering before they died.
Who Can File a Wrongful Death Claim in Louisiana?
Louisiana law sets out a specific, ranked order of who can bring a wrongful death claim. This is important: if a person in a higher category is alive and eligible to sue, they generally have the exclusive right to bring the claim. People in lower categories can only file if no one in a higher category exists
The Order of Priority Under Louisiana Law
- 1st — Surviving spouse and/or children of the deceased
- 2nd — Parents of the deceased (if no surviving spouse or children)
- 3rd — Siblings of the deceased (if no spouse, children, or parents)
- 4th — Grandparents (if no spouse, children, parents, or siblings)
A few important notes on this hierarchy:
- Surviving spouse and children share the claim. Both can file simultaneously. They do not exclude each other.
- Stepchildren and adopted children are generally treated the same as biological children.
- If the deceased had no will and was not legally married, cohabitating partners typically do not have standing to bring a wrongful death claim under Louisiana law, regardless of how long the relationship lasted. This is a painful and often surprising limitation.
- The biological parents of an adult child can file if that child has no spouse, no children, and no surviving siblings. But they cannot file if any of those categories exist.
Two Claims in One: Wrongful Death vs. Survival Action
Louisiana law actually creates two separate claims when someone dies due to another’s fault, and it’s important to understand both:
The Wrongful Death Claim
This is the claim for the family members’ own losses — what they personally suffered and will suffer as a result of losing their loved one. It covers things like loss of financial support, loss of love and companionship, grief and mental anguish, and funeral and burial expenses.
The Survival Action
This is a separate claim that belongs to the deceased person’s estate — it’s the claim for what the deceased person experienced before they died. If they suffered before death — pain, fear, medical expenses — those damages can be recovered through the survival action. The same people entitled to bring the wrongful death claim are generally entitled to bring the survival action.
Both claims can be pursued simultaneously, and in serious cases — particularly those involving extended suffering before death — the survival action can have significant independent value.
What Damages Can Be Recovered?
- In a wrongful death claim, recoverable damages include:
- Loss of financial support — what the deceased would have contributed to the family financially over their expected lifetime
- Loss of services — the practical contributions the deceased made to household and family life
- Loss of love, affection, companionship, and guidance
- Grief, mental anguish, and emotional distress suffered by the surviving family members
- Funeral and burial expenses
In the survival action, additional damages include:
- Medical expenses incurred before death
- Physical pain and suffering experienced before death
- Emotional distress and fear experienced before death
- Lost wages the deceased would have earned had they survived
The Deadline — One Year From the Date of Death
This is critical: the prescriptive period for a wrongful death claim in Louisiana is one year from the date of death. Note that this is measured from the date of death — not the date of the accident that caused it. If someone was injured in an accident and died two months later from those injuries, the wrongful death clock starts running from the date of death, not the date of the crash.
The survival action has the same one-year prescriptive period, running from the date of death.
⚠ Important Note on the 2024 Law Change
The two-year prescriptive period that took effect on July 1, 2024 applies to personal injury claims. Wrongful death and survival actions retain the one-year deadline under current Louisiana law. If you have lost a family member, you have less time than you may think.
Common Causes of Wrongful Death in Our Region
The wrongful death cases we handle most frequently in West Central Louisiana involve:
- Car accidents caused by distracted, impaired, or reckless drivers
- 18-wheeler and commercial truck collisions on Highway 171, I-49, and Highway 190
- Workplace accidents — particularly in construction, oil and gas, and military contracting
- Defective products, including vehicle defects and industrial equipment
- Premises liability — deaths caused by dangerous property conditions
What Happens If the At-Fault Party Was Also Killed?
If the person responsible for your loved one’s death also died in the same accident, a claim can still be brought against that person’s estate and, more practically, against their insurance company. The claim doesn’t disappear because the at-fault party is deceased.
To Every Family Reading This
We understand this is not a normal legal situation. You are dealing with grief, financial uncertainty, and now the weight of a legal decision — all at the same time.
We handle wrongful death cases with the seriousness they deserve. We’ll be straightforward with you about the value of your claim and what the process looks like. And we will fight for every dollar your family is owed.
The consultation is completely free. Please don’t let the deadline slip while you’re grieving. Call us.
We are here for your family. Call MAXOUT.
Leesville: (337) 239-6292 | DeRidder: (337) 239-0777 | Toll-free: (888) MAXOUT-1
Free consultation for wrongful death families. No charge unless we recover for you. The call costs nothing. Waiting could cost everything.