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 death | 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. |
|---|---|
| Wrongful death deadline | 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. |
| Damage caps | 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). |
More Louisiana personal injury & wrongful death
- Deadlines to File an Injury Lawsuit in Louisiana
- Medical Malpractice Rules in Louisiana
- Car Accident Claims in Louisiana
- Dog Bite Liability in Louisiana
- Slip, Trip and Fall Injuries in Louisiana
- Sidewalk and Public Property Falls in Louisiana
- Motorcycle Accident Claims in Louisiana
- Pedestrian Accident Claims in Louisiana
- Bicycle Accident Claims in Louisiana
- Uber and Lyft Accident Claims in Louisiana
- Truck Accident Claims in Louisiana
- Construction Site Injuries in Louisiana
- All Louisiana personal injury & wrongful death rules
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.