Losing a loved one because of someone else’s negligence is devastating. During grief, it’s hard to navigate legal rules—especially who is allowed to file a wrongful death claim and when. This guide explains Louisiana’s priority order of eligible family members, what compensation may be available, and key deadlines so your family can protect its rights. Wrongful death claims can arise from many situations, including medical malpractice, workplace accidents, or fatal car accidents in Lafayette.

At Brandt & Sherman, our Lafayette wrongful death lawyers have over 50 years of combined experience taking on insurance “Goliaths” for Louisiana families. We’ll shoulder the legal burden so you can focus on your family.

Who Is Allowed to File Under Louisiana Law?

Louisiana Civil Code sets a strict priority list. Only family members in the highest surviving class may file. If no one exists in that class, the right passes to the next class down.

Surviving Spouse and Children (First Priority)

The immediate family members of the deceased have the first right to bring a wrongful death claim. This group includes the surviving spouse and children.

• If the deceased was married at the time of death, the spouse has the primary right to initiate the lawsuit — even if the couple was not living together.
• Both biological and legally adopted children are recognized under the law.
• If the deceased had children, they share the right with the surviving spouse. When the children are minors, the spouse typically represents them in legal matters. Adult children may join the claim with the spouse or file separately.

This priority reflects the deep emotional and financial impact that the death of a spouse or parent has on immediate family members.

Surviving Parents (Second Priority)

If there is no surviving spouse or child, the right to file passes to the deceased’s parents.

• Both biological parents and legally adoptive parents qualify.
• Parents may seek damages not only for the financial dependency they may have had on their child but also for the profound emotional distress of losing a son or daughter.

The law acknowledges the unique trauma of losing a child and provides parents with a pathway to compensation.

Surviving Siblings (Third Priority)

If the deceased leaves behind no spouse, children, or parents, the right moves to siblings.

• Both brothers and sisters may file.
• To succeed, siblings often need to show the impact of the death — whether through proof of a close personal relationship or evidence of financial reliance on the deceased.

This inclusion recognizes that wrongful death deeply affects siblings, even if they are not traditionally considered dependents.

Surviving Grandparents and Extended Family (Fourth Priority)

When no spouse, children, parents, or siblings survive, the right may extend to grandparents. In rare cases, other extended relatives such as aunts, uncles, or cousins could be eligible if they can prove significant financial dependency on the deceased.

Though less common, this ensures that wrongful death claims are not barred entirely when a person has no closer surviving relatives but leaves behind dependents.

Estate Representatives (Last Resort)

If there are no eligible family members, a legal representative of the deceased’s estate may file a wrongful death claim. This representative, often appointed by the court, acts on behalf of the estate and its beneficiaries.

• Compensation recovered may be used to pay debts, funeral expenses, and other obligations.
• The representative also ensures that remaining compensation is distributed fairly to the rightful heirs.

This provision ensures that the deceased’s financial and legal matters are resolved properly and beneficiaries are not left without recourse.

How the Priority Works in Real Life

If a married person with two children passes away, the spouse and children are first in line. If the deceased was unmarried and had no children, surviving parents may bring the claim. When there are no spouse, children, or parents, the right moves to siblings; if none, to grandparents. Only the highest available class files, the law does not allow lower classes to “skip ahead” if a higher class exists.

What Compensation Can Families Seek?

Damages in Louisiana wrongful death cases typically cover both financial and human losses your family has suffered because of the death:

Economic losses (financial harms)

• Funeral and burial expenses
• Medical bills related to the final injury or illness
• Loss of the decedent’s expected earnings, benefits, and household services

Non-economic losses (human harms)

• Loss of love, companionship, guidance, and support
• Mental anguish and grief suffered by eligible family members
• Loss of consortium for a surviving spouse

Punitive damages: Rare and only when allowed by statute (for example, certain drunk-driving cases). Most wrongful death cases do not include punitive damages in Louisiana.

Every family’s losses are unique. Our team works with experts to document future financial support, value of services in the home, and the full human impact of your loved one’s loss.

What’s the Deadline to File?

Louisiana’s deadline is short. Most wrongful death claims must be filed within one (1) year of the date of death. Missing this deadline usually means losing the right to recover no matter how strong the case. Because the filing window is strict and exceptions are limited, families should understand Louisiana’s wrongful death statute of limitations. Insurance companies often delay or minimize claims, hoping families miss this deadline. That’s why it’s critical to speak with an attorney right away, even if you’re unsure whether your family wants to proceed.

Wrongful Death vs. Survival Action—What’s the Difference?

• A wrongful death claim compensates the family for their losses caused by the death (funeral costs, lost support, loss of companionship, grief).
• A survival action is a separate claim that continues the decedent’s own personal injury claim for the harms they suffered before death (their pain and suffering, lost wages between injury and death, medical bills). Different eligibility rules and timing can apply.

For example, if your loved one lived for several weeks after a crash and incurred medical bills, a survival action may recover for those costs and their suffering. A wrongful death claim, on the other hand, covers the impact on surviving family members. In many cases, both claims are filed together.

How We Help Louisiana Families

Wrongful death cases call for compassion and meticulous preparation. We:

• Identify the correct family members who can file, based on Louisiana’s priority order
• Preserve evidence quickly and investigate all liable parties
• Calculate both financial losses and the full human impact
• Handle insurers and defense counsel so your family doesn’t have to
• File on time and fight for maximum compensation

No amount of money can replace your loved one, but legal action can provide financial stability and hold negligent parties accountable. At Brandt & Sherman, we’ll guide you through every step with compassion and determination.

FAQs About Who Can Sue for Wrongful Death in Louisiana

Who can file a wrongful death claim if the decedent was unmarried with no children?

If there is no surviving spouse or child, Louisiana law gives the right to the surviving parent or parents. If no parents are living, the right passes to the decedent’s siblings. If there are no siblings, surviving grandparents may file. Only the closest surviving relatives in this order have the legal right to bring the claim.

Can adopted children or adoptive parents file?

Yes. Louisiana law treats adopted children and adoptive parents the same as biological family members for wrongful death claims. An adopted child has the same right to bring a claim for their parent’s death, and adoptive parents may pursue a claim for the wrongful death of their adopted child.

Can an estranged or abandoning parent file?

Not always. A parent who abandoned the deceased during their minority (before age 18) is legally barred from filing. In other words, if a parent failed to care for or support the child, the law treats them as if they had predeceased the child for wrongful death purposes.

How long do we have to file?

In most cases, wrongful death claims in Louisiana must be filed within one year from the date of death. This is a strict deadline, and missing it usually means losing the right to pursue compensation. Because there are very limited exceptions, it’s important to speak with an attorney as soon as possible after a loved one’s death.

What if no eligible relatives in the statute are alive?

If no relatives in the statute survive, a traditional wrongful death claim may not be possible. However, the estate may still have other legal remedies, such as a survival action for damages the deceased suffered before death or succession-related claims. An attorney can evaluate all potential options.

What damages are available in wrongful death claims?

Families may recover both economic and non-economic damages. These can include funeral and burial costs, medical expenses tied to the final injury, lost wages and benefits the deceased would have provided, and loss of household services. Families may also recover for loss of companionship, guidance, and the emotional pain of losing a loved one. Punitive damages are rare and typically available only in cases of extreme misconduct, such as drunk driving.