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Wrongful Death Lawsuits in Louisiana

Who can bring a wrongful death claim in Louisiana, the deadline to file, and any limits on damages.

Short answer: Family members may sue in classes, in this order: (1) the surviving spouse and children; (2) if none, the surviving parents; (3) if none, the surviving brothers and sisters; (4) if none, the surviving grandparents. La. Civ. Code art. 2315.2(A), (D), (E)

Who can sue for wrongful deathFamily members may sue in classes, in this order: (1) the surviving spouse and children; (2) if none, the surviving parents; (3) if none, the surviving brothers and sisters; (4) if none, the surviving grandparents. Adopted relatives count, and a parent who abandoned the person during childhood is treated as not surviving.
Wrongful death deadlineOne year from the death, or two years from the day the injury or damage was sustained, whichever is longer. For wrongful death claims based on medical malpractice, the period is one year from the death. A separate survival action (for the injured person's own damages before death) has the same time limit.
Damage capsCaps apply to claims against the state and local governments ($500,000 for general damages) and to medical malpractice claims against qualified health care providers ($500,000).

More Louisiana personal injury & wrongful death

FAQ

Who can file a wrongful death lawsuit in Louisiana?
Family members may sue in classes, in this order: (1) the surviving spouse and children; (2) if none, the surviving parents; (3) if none, the surviving brothers and sisters; (4) if none, the surviving grandparents. Adopted relatives count, and a parent who abandoned the person during childhood is treated as not surviving.
How long do you have to file a wrongful death lawsuit in Louisiana?
One year from the death, or two years from the day the injury or damage was sustained, whichever is longer. For wrongful death claims based on medical malpractice, the period is one year from the death. A separate survival action (for the injured person's own damages before death) has the same time limit.
Does Louisiana cap damages in personal injury cases?
Caps apply to claims against the state and local governments ($500,000 for general damages) and to medical malpractice claims against qualified health care providers ($500,000).

General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.