Wrongful Death Claims in Louisiana: Who Can File and What a Family Can Recover
Losing someone you love because of another person's carelessness is a pain no settlement can undo. A wrongful death claim can't bring your family member back — but it can hold the responsible party accountable and provide for the people left behind. Understanding how Louisiana handles these claims can help you protect your rights during an unimaginably hard time.
Two claims often exist at once
Louisiana law recognizes two separate claims after a fatal accident, and they compensate different losses. The wrongful death action belongs to certain surviving family members and compensates their losses — the grief, the lost companionship, and the financial support they no longer have. The survival action belongs to the deceased person's estate and compensates what they endured between the moment of injury and death, including their physical pain, mental anguish, and any medical bills or lost wages in that window. Together, these claims recognize both the suffering of the person who died and the loss carried by the family.
Who can file — and in what order
Not just anyone can bring a wrongful death claim in Louisiana. The law sets out specific categories of beneficiaries in a fixed order, and if someone in a higher category survives, those in lower categories generally cannot file. First in line are the surviving spouse and children. If there is no spouse or child, the right passes to the surviving parents; then to the surviving siblings; and finally to the surviving grandparents. This hierarchy decides who has the legal right to pursue the claim, which is one reason these cases benefit from early legal guidance — especially in blended families or complicated situations.
What a family can recover
Damages are meant to address both financial and human losses. They commonly include the loss of financial support the person would have provided; the loss of love, affection, companionship, and guidance; the loss of household services the person contributed; funeral and burial expenses; and medical expenses related to the final injury. Through the survival action, a family can also recover for the pain and suffering the person experienced before death. Every family and every loss is different, and the goal is never to reduce a life to a number — it is to make the responsible party answer for the harm they caused.
The deadline is real, even in grief
Louisiana gives families a limited window to file. Under the current law, wrongful death claims generally must be brought within two years of the death for incidents on or after July 1, 2024 (a one-year deadline applies to earlier ones). That deadline runs even while your family is grieving and settling other affairs, and missing it can end the claim entirely — which is why it's worth speaking with an attorney sooner rather than later.
A compassionate, honest advocate
The days after a sudden loss are overwhelming, and legal deadlines are the last thing anyone wants to think about. At the Bruscato Law Firm, John Bruscato treats families the way he'd want his own treated — with honesty, patience, and respect, handling the legal weight so you can focus on each other. If your family lost someone because of another's negligence near Monroe or Ruston, contact the firm for a free, confidential, no-obligation consultation whenever you're ready.
This article is for general information only and is not legal advice. Reading it does not create an attorney-client relationship. Louisiana laws and deadlines change over time and apply differently to each situation. Consult a licensed Louisiana attorney about the specifics of your case.