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 two years from the date of death (for deaths on or after July 1, 2024; earlier deaths were subject to the prior one-year period). 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 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 two years of the death (for deaths on or after July 1, 2024; earlier deaths were subject to the prior one-year period).

Last reviewed: June 5, 2026 Morris & Dewett 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 two-year liberative prescription running from the date of death (for deaths on or after July 1, 2024; earlier deaths were subject to the prior one-year period). 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 two years from the date of death (for deaths on or after July 1, 2024; earlier deaths were subject to the prior one-year period). 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.

Sources

La. Civ. Code art. 2315.2 — wrongful death action