In most cases, the people who can file a wrongful death lawsuit in Louisiana are the surviving spouse and children. If there are none, the right passes to the parents, then brothers and sisters, then grandparents, under Civil Code Article 2315.2. The same family members may also bring a survival action for harm the person suffered before death.
Head-on crashes on two-lane roads, like a fatal head-on wreck reported on Louisiana Highway 27, leave families with grief and hard questions. This guide gives a plain overview of how these claims generally work. It is general information, not legal advice.
Who can file a wrongful death lawsuit in Louisiana?
Louisiana Civil Code Article 2315.2 sets the order. A higher group generally blocks the groups below it from bringing the claim. You can read the Civil Code on the Louisiana Legislature's official law website.
- 01. The surviving spouse and children, or either of them.
- 02. If there are none, the surviving parents, or either of them.
- 03. If there are none, the surviving brothers and sisters.
- 04. If there are none, the surviving grandparents.
Here is an example. A man dies in a car wreck and leaves a wife and two kids. His parents usually cannot bring the claim, because the spouse and children come first. If he had no spouse or children, his parents would generally be next in line.
What is the difference between wrongful death and a survival action?
A wrongful death claim covers the family's own losses from the death. A survival action covers the losses the person who died suffered before death, under Civil Code Article 2315.1. Families often bring both claims together.
Wrongful death losses may include lost financial support and the loss of love, care and companionship. Survival losses may include the person's pain before death and medical bills from the auto accident. The same order of family members generally applies to both claims. What can be recovered always depends on the facts.
How long does a family have to file?
Deadlines are short, and missing one can end the claim. The wrongful death and survival articles set their own timing rules, generally counted from the date of death. So the exact deadline depends on the dates and facts of each case.
Prescription is Louisiana's word for a filing deadline. Louisiana's general deadline for injury claims is two years for injuries on or after July 1, 2024, under Civil Code Article 3493.1 (Act 423 of 2024). It is still one year for injuries before that date.
Fault matters too. Under Act 15 of 2025, for crashes on or after January 1, 2026, the family generally recovers nothing if the person who died is found 51% or more at fault. For earlier crashes, an award is generally reduced by that person's share of fault.
What should your family do next?
Start by gathering basic papers and writing down your questions, at your own pace. You do not have to have every answer right away.
- 01. Get the crash report number from the agency that responded, such as Louisiana State Police or the parish sheriff.
- 02. Keep copies of the death certificate, medical bills and funeral receipts.
- 03. List close family members and how each one is related.
- 04. Think twice before giving a recorded statement to the other driver's insurance company.
- 05. Write down questions about deadlines, fault and who should bring the claim.
In fatal crash cases, Chris Corzo Injury Attorneys often sees families unsure who should take the lead. Talking it through early can help everyone understand their role before a deadline gets close.
If you have questions about a fatal crash, you can contact Chris Corzo Injury Attorneys to talk them through.
Frequently asked questions
Louisiana's wrongful death law, Civil Code Article 2315.2, lists a surviving spouse, children, parents, brothers and sisters, and grandparents. A girlfriend or fiancée is not on that list, so she generally cannot bring the claim herself. Her own children with the person who died may still have rights as surviving children. The details depend on the facts of each family.
Parents generally cannot bring the claim if their adult child left a surviving spouse or children. Louisiana law places spouses and children in the first group. Parents only move up when no spouse or child survives. Family members in a lower group are generally blocked when someone in a higher group is still living, even if that person chooses not to file.
Wrongful death and survival claims in Louisiana have their own timing rules in Civil Code Articles 2315.2 and 2315.1, generally counted from the date of death. Louisiana's general injury deadline is two years for injuries on or after July 1, 2024, under Article 3493.1. Families should check the exact deadline early, because missing it can end the claim.
Wrongful death and survival claims generally follow the same order of family members in Louisiana. The spouse and children come first, then parents, then brothers and sisters, then grandparents. The two claims cover different losses, though. Wrongful death covers the family's own losses, while a survival action covers what the person suffered before death.
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