Who can file a wrongful death claim in Louisiana?

La. Civ. Code art. 2315.2 sets a ranked order. First: the surviving spouse and children. If none: the surviving mother and father. If none: surviving siblings. If none: surviving grandparents. Only the first class with a living member may bring the claim.

How long do I have to file a Louisiana wrongful death claim?

Generally the longer of one year from the death or two years from the injury. Wrongful death is a distinct claim from the survival action, and missing the deadline ordinarily bars the claim, so it is important to act quickly.

Louisiana Wrongful Death Claims: Who Can Sue

Louisiana Wrongful Death Claims — Who Can Sue

Louisiana law gives the right to bring a wrongful death claim to a ranked set of survivors. The spouse and children come first; if there are none, the surviving parents; then siblings; then grandparents. Only the highest-ranking class that exists may recover. The claim must generally be filed within the longer of one year from the death or two years from the injury.

Last reviewed: June 5, 2026 Trey Morris Injury Lawyers

A wrongful death claim compensates the family for their own losses after a death caused by someone else’s fault. Louisiana decides who may bring it by a strict order of relationship.

The ranked classes of survivors

Under La. Civ. Code art. 2315.2, the right belongs to the first of these classes that has a surviving member:

the surviving spouse and children;
the surviving mother and father;
the surviving siblings; then
the surviving grandparents.

A lower class cannot recover if a higher class exists. The damages compensate the survivors for their loss — companionship, support, grief — not the decedent’s own pre-death losses, which belong to the separate survival action.

The deadline

Wrongful death claims are generally subject to a liberative prescription of the longer of one year from the death or two years from the injury. Because the survival action and wrongful death action have different measures of damages, both are usually pursued together.

A Louisiana injury lawyer confirms who holds the right and preserves it before the deadline runs.

Frequently Asked Questions

Who can file a wrongful death claim in Louisiana?: La. Civ. Code art. 2315.2 sets a ranked order. First: the surviving spouse and children. If none: the surviving mother and father. If none: surviving siblings. If none: surviving grandparents. Only the first class with a living member may bring the claim.
How long do I have to file a Louisiana wrongful death claim?: Generally the longer of one year from the death or two years from the injury. Wrongful death is a distinct claim from the survival action, and missing the deadline ordinarily bars the claim, so it is important to act quickly.