Who Can File a Wrongful Death Lawsuit in Louisiana?

Losing a loved one suddenly tears your world apart. When that loss happens because of someone else’s careless or reckless actions, you face both grief and urgent legal questions that need answers.

At Ford Injury Firm, we support families who have lost someone due to another party’s fault.

This guide will walk you through who can file these claims, what settlement you can pursue, and the critical deadlines you need to know.

What Constitutes a Wrongful Death in Louisiana?

Wrongful death occurs when someone dies due to the fault of another person or entity. The Louisiana Civil Code establishes the legal framework for these claims.

The death must result from actions that would have allowed the victim to file a personal injury claim if they had survived. This includes deaths from negligence, recklessness, or intentional acts.

A few differences separate wrongful death claims from other legal actions:

• The victim cannot bring the claim themselves
• Specific family members must file the lawsuit
• Survival actions recover the deceased’s pre-death losses (pain and suffering, etc.); wrongful death actions compensate the survivors for losses caused by the death
• Different statutes and timelines apply compared to personal injuries

The state is aware that wrongful death creates unique harms that extend beyond what a personal injury case would cover. It provides a path for surviving family members to recover damages they’ve sustained as a result of the death.

Who Has the Right to File a Wrongful Death Lawsuit in Louisiana?

Louisiana law strictly defines who can file a wrongful death claim. Article 2315.2 brings about a specific hierarchy of eligible parties, and only those listed can bring legal action.

First Priority: Immediate Family

The surviving spouse and child or children of the deceased have the primary right to file. Either the spouse or the children can file independently, or they can file together. This includes both biological and adopted children.

Second Priority: Parents

If the deceased left no spouse or child surviving, the surviving father and mother can file the claim. Both parents can file together, or either parent can file alone.

A parent who abandoned the deceased during his or her minority is deemed not to have survived the decedent for purposes of bringing the claim.

Third Priority: Siblings

The surviving brothers and sisters can file if no spouse, children, or parents remain. Any or all siblings can bring the action together.

Fourth Priority: Grandparents

The surviving grandfathers and grandmothers have the right to file only if no closer relatives exist. This represents the final tier of eligible family members under Louisiana law.

Louisiana also establishes special rules that affect who qualifies to file:

• Adopted family members have the same rights as biological relatives
• Children given up for adoption can still file claims
• The right of action granted is heritable; it doesn’t extend the filing deadline
• Under La. Civ. Code Art. 2315.2, the right to bring a wrongful death action is heritable. It prescribes one year from the date of death, and inheritance does not extend that period.
• No other relatives beyond those listed can file, regardless of their relationship

Strict eligibility requirements mean many grieving family members cannot pursue claims directly. Those specifically named in the statute alone have standing to seek compensation.

Common Types of Wrongful Death Claims

Wrongful death can result from countless situations where negligence or intentional harm causes a fatal outcome. Louisiana sees these types of wrongful death claims most frequently.

• Vehicle Accidents
• Medical Malpractice
• Workplace Accidents
• Premises Liability
• Product Liability

Identifying which category your case falls into helps determine the path forward and the parties who may be held responsible for your loved one’s death.

What Compensation Can Be Recovered in a Wrongful Death Lawsuit?

Louisiana wrongful death damages compensate for both economic and non-economic losses. The law allows recovery for various types of harm caused by your loved one’s death.

The economic damages you can pursue include measurable financial losses:

• Medical bills from the final injury or illness
• Funeral and burial expenses
• Lost wages the deceased would have earned
• Loss of benefits like health insurance or retirement contributions
• Value of services the deceased provided to the household

Beyond tangible losses, Louisiana law recognizes the profound emotional impact of losing a family member. Non-economic damages address these intangible harms:

• Pain and suffering the deceased experienced before death
• Loss of love, companionship, and affection
• Loss of guidance and nurturing for children
• Mental anguish of surviving family members
• Loss of consortium for spouses

Louisiana courts consider multiple factors when calculating wrongful death damages in Louisiana. The deceased’s age, earning capacity, and family relationships all influence the final amount.

Louisiana’s Statute of Limitations for Wrongful Death

Time limits strictly govern when you can file a wrongful death lawsuit in Louisiana. Missing these deadlines can permanently bar your right to seek compensation.

Louisiana Civil Code provides a one-year prescriptive period from the date of death to file a wrongful death claim. Inheritance of the right does not interrupt or extend that one-year deadline.

Critical timing factors that affect your ability to file:

• The clock starts on the date of death, not the date of injury
• Filing after the deadline typically results in immediate dismissal
• Insurance claims don’t stop or extend the legal deadline
• Criminal proceedings don’t affect the civil lawsuit timeline

Furthermore, the statute of limitations cannot be extended in most cases. The right of action is heritable, but prescription runs one year from death regardless.

How a Wrongful Death Attorney Can Help

Pursuing a wrongful death claim while grieving challenges even the strongest families. Legal representation provides crucial support during this difficult time.

Your attorney takes on multiple responsibilities to build and present your case effectively:

• Investigation and Evidence Collection
• Identifying All Liable Parties
• Calculating Full Compensation
• Insurance Company Negotiations
• Court Representation

An attorney also handles the complex legal procedures while protecting your right to sue.

A Law Firm That Works Towards Justice For Your Family

Wrongful death cases present challenges that many families may have never experienced before. But this is why we’re here.

Ford Injury Firm stands ready to guide you through this difficult process. You shouldn’t have to worry about the legal processes. We handle it all for you.

Contact us today and let’s talk about your wrongful death claim. We’re committed to building a strong case. Because you and your family deserve to finally have peace of mind.