Wrongful Death Lawyer in Louisiana

Louisiana Civil Code Article 2315.2 establishes an exclusive four-tier beneficiary hierarchy for wrongful death claims. Only the highest available tier may claim — all lower tiers are completely excluded regardless of their relationship to the deceased. Tier 1: surviving spouse and children (including legally adopted children and children born outside marriage if paternity is established). Tier 2: surviving parents and siblings — only available if there is no surviving spouse or child. Tier 3: surviving grandparents and grandchildren — only if Tier 1 and 2 are absent. Tier 4: surviving siblings and their children — the final backstop. This hierarchy means that if the deceased was married and had children, the spouse and children receive the wrongful death damages exclusively, and all other relatives recover nothing. If the deceased had no surviving spouse, children, parents, or siblings, the analysis moves to Tier 3. An attorney must immediately map the deceased's family structure against the Article 2315.2 hierarchy to identify who has standing and whether any hierarchy questions are contested.

The prescriptive period for a wrongful death claim under Civil Code Article 2315.2 is one year from the date of death. This is separate from the prescription for the survival action under Article 2315.1, which runs from the date of the underlying injury. In cases where the decedent survived an injury for an extended period, both prescriptions may be running simultaneously — the survival action from the injury date and the wrongful death from the death date. The 2024 amendment to Article 3493.1 extended certain delictual prescriptions to two years (effective July 1, 2024) but its application to wrongful death prescription under Article 2315.2 specifically is not definitively settled. Do not assume the longer period applies to the wrongful death claim. Prescription in Louisiana can be interrupted by filing a petition or by the defendant's acknowledgment of the obligation, but must be actively interrupted — waiting does not toll the period. Contact an attorney immediately after any wrongful death in Louisiana.

Louisiana provides two separate causes of action when someone dies due to another's fault. The wrongful death action under Civil Code Article 2315.2 belongs to the designated beneficiaries (following the four-tier hierarchy) and compensates them for their own losses from the death: grief and mental anguish, loss of the decedent's support and companionship, funeral expenses, and loss of services. The survival action under Civil Code Article 2315.1 is inherited by the beneficiaries and allows recovery for what the deceased personally suffered between the injury and death: physical and mental pain and suffering, medical expenses incurred before death, and any other damages the deceased could have claimed had they lived. Both actions can be brought simultaneously by the same beneficiaries. In cases where the decedent suffered significantly before death — severe trauma, hours of consciousness in pain, invasive medical procedures — the survival action's pain-and-suffering component can be substantial. Each action has its own prescription period (wrongful death: 1yr from death; survival: 1yr from injury date).

Effective January 1, 2026, Civil Code Article 2323 was amended by Act 423 of 2024 to adopt a modified comparative fault system with a 51% bar. Before this date, Louisiana followed pure comparative fault — even a decedent who was found 70% responsible for their own death could generate a wrongful death recovery of 30% of damages for the beneficiaries. Under the new law, if the deceased was found more than 50% at fault for the events causing their death, there is no wrongful death recovery at all. Defense attorneys will now more aggressively argue the decedent's comparative fault to push the allocation above 50%. This change applies to incidents occurring on or after January 1, 2026; incidents before that date are likely still governed by the prior pure comparative fault rule. For post-January 2026 wrongful deaths, early evidence preservation to establish the at-fault party's dominant responsibility — and minimize the decedent's attributed fault — is more critical than ever.

Yes, two important overlays. For deaths involving Louisiana state or local government defendants — accidents on DOTD-maintained highways, in state university facilities, at state parks, or on any state-owned property — the Louisiana Governmental Claims Act (R.S. 13:5106) caps wrongful death damages at $500,000 per claimant regardless of the severity of the loss. This structural ceiling affects case strategy and settlement negotiations from the outset. For offshore fatalities occurring in Louisiana waters or on the outer continental shelf — drilling platform accidents, vessel collisions, crane falls, diving fatalities — federal maritime law may completely preempt Louisiana state law. The Jones Act (for seamen), the Outer Continental Shelf Lands Act, and general maritime wrongful death under Moragne v. States Marine Lines each carry their own prescription periods and recoverable damages rules. Choosing the wrong legal framework in an offshore wrongful death case can result in prescription of the correct claim. An attorney with both Louisiana wrongful death and maritime expertise is essential for offshore fatalities.