Yes. In Louisiana, parents can generally file a wrongful death lawsuit for a child who died because of someone else's fault. Under Civil Code Article 2315.2, parents may bring the claim when the child left no surviving spouse or children. Most minors fit that picture, so parents are often the ones with the right to file.
Can parents file a wrongful death lawsuit for a child in Louisiana?
In most cases, yes. Louisiana does not let just anyone file. The law lists family members in a set order, and each group only gets the right if no one in the group before it survives.
Under Civil Code Articles 2315.1 and 2315.2, the order is:
- 01. A surviving spouse and children of the person who died
- 02. The surviving father and mother, or either of them
- 03. Brothers and sisters
- 04. Grandparents
A teenager or young child usually has no spouse or kids. That moves the parents to the front of the line. You can read the full text of these articles on the Louisiana State Legislature's law website.
How do the wrongful death and survival claims work?
Generally, families may bring two related claims. A wrongful death claim covers the family's own losses. A survival action (a claim for what the child suffered before death) passes to the family under Louisiana law. Filing deadlines for these claims are short and may depend on when the death happened, so it's wise to check the current rules early.
Losses families may seek often include:
- Funeral and burial costs
- Medical bills from the injury
- Loss of love, affection and companionship
- The child's pain and suffering before death
What a family can recover depends on the facts. For example, a survival claim may depend on whether the child was aware of pain before passing.
Who can be held responsible for a child's death?
Often, more than one party. Louisiana uses comparative fault (splitting blame by percentage) under Civil Code Article 2323. A jury may divide fault between the person who directly caused the harm and others whose choices allegedly played a part.
Say a teen dies in a car wreck caused by a delivery truck driver. The family may sue the driver. They may also bring a claim against the driver's employer, which can be responsible for an employee's driving on the job. Whether a claim against any party holds up depends on the facts of the auto accident.
The fault rules changed recently. Starting January 1, 2026, Act 15 of 2025 generally means anyone found 51% or more at fault recovers nothing. Accidents before that date follow the older rule.
When must parents file?
Sooner than many people expect. Civil Code Article 2315.2 has long required a wrongful death claim to be filed within one year of the death. Missing the filing deadline can end a family's claim, so check it right away.
Act 423 of 2024 created Civil Code Article 3493.1, which gives two years for many injury claims arising on or after July 1, 2024. Which period applies to a death claim depends on the claim and the dates involved.
What should parents do next?
Start by protecting your rights while you grieve. A few simple steps may help:
- 01. Request the police or incident report.
- 02. Keep funeral, medical and other bills.
- 03. Write down the names of witnesses.
- 04. Don't sign anything from an insurer before getting advice.
Chris Corzo Injury Attorneys helps Louisiana families understand these claims. This article is general information, not legal advice.
To talk about your situation, contact Chris Corzo Injury Attorneys.
Frequently asked questions
Both parents generally share the right to bring a wrongful death claim when the child left no spouse or children. Civil Code Article 2315.2 names the surviving father and mother, or either of them. Divorced or separated parents may both have a claim. How any recovery is divided depends on the facts and on the court, so families should get advice early.
Siblings and grandparents usually cannot file if a parent of the child is still living. Louisiana law sets an order: spouse and children first, then parents, then brothers and sisters, then grandparents. Each group only gains the right when no one in the group ahead of it survives. Siblings come before grandparents in that line.
Parents often have a short window to file a wrongful death lawsuit in Louisiana. Civil Code Article 2315.2 has long set one year from the death. Act 423 of 2024 added Article 3493.1, giving two years for many injury claims arising on or after July 1, 2024. Because the rules depend on the claim and the dates, parents should confirm their exact deadline quickly.
A business may share fault for a child's death in some cases. Louisiana uses comparative fault, so a jury can divide blame among the person who caused the harm and others. For example, a trucking company may be responsible for an employee driver, or a property owner may be accused of ignoring a known hazard. Whether that claim succeeds depends on the facts.
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