Who Can File a Wrongful Death Claim in Louisiana?

Who Can File a Wrongful Death Claim in Louisiana?

Losing a loved one is unimaginably painful, and if their death was due to someone else’s poor decisions, the pain can feel even more overwhelming. A wrongful death claim offers a legal pathway for families to seek justice, financial compensation, and some measure of closure during such a difficult time. However, not everyone is eligible to file these claims. Louisiana has specific laws outlining who can take legal action.

At Roy Injury Law, we’ve guided families through wrongful death claims for over 35 years, helping them find clarity and justice when they needed it most. This blog will walk you through who can and can’t file a wrongful death claim in Louisiana, the time limits, and how to take the first steps toward justice.

Who Can File?

Louisiana’s Civil Code outlines a specific hierarchy of individuals who can file a wrongful death claim. This order determines whether you are legally eligible to pursue compensation on behalf of the deceased. Here’s how it breaks down:

Primary Claimants

The surviving spouse and children of the deceased are the first in line. This includes biological and legally adopted children. A surviving spouse may file a wrongful death claim regardless of whether they were living with the deceased at the time of death.  

If there are adult children, they may file individually or together with other eligible parties. If the children are minors, the spouse typically acts as their legal representative in the claim.

Secondary Claimants

If there is no surviving spouse or children, the next eligible parties are the deceased’s parents. Both biological and adoptive parents are included in this category. Parents have the right to seek compensation for the emotional distress and financial loss caused by losing their child.  

If the deceased has no spouse, children, or surviving parents, siblings may file a wrongful death claim. This includes brothers and sisters, who can seek damages for the emotional damage and loss of companionship caused by their sibling’s death. However, they would need to provide evidence, such as proof of financial dependency or a close familial bond.

Extended Family and Legal Representatives  

If no immediate or secondary relatives are alive or capable of filing, other extended family members—such as grandparents or cousins—may file. However, they must prove a significant financial dependency on the deceased to do so.  

Additionally, if no family members are eligible, the legal representative of the deceased’s estate can take action on behalf of the estate and any designated beneficiaries.

Understanding who is eligible requires careful consideration of your unique situation. Speaking with an attorney is the best way to determine whether you qualify to file.

Time Limits for Filing a Claim

In most cases, Louisiana’s statute of limitations for filing a wrongful death claim is one year from the deceased’s passing. However, there are some exceptions to this rule. It’s best to consult with an attorney as soon as possible to determine the precise deadline for your case.

How to Proceed with a Wrongful Death Claim

Filing a wrongful death claim may feel intimidating, especially during a time of emotional distress. Understanding the steps to take can provide clarity and direction.

Step 1: Consult an Experienced Attorney

Seeking legal advice is the most important step in the process. An attorney will evaluate your situation, explain your eligibility, and outline your claim options.

Step 2: Gather Supporting Evidence

Wrongful death claims require substantial evidence, such as:

• Medical records
• Accident reports
• Witness statements
• Proof of financial support or dependency  

Your attorney will guide you through collecting and organizing this information.

Step 3: File Your Claim

Once all necessary evidence is gathered, your attorney will help you file the claim in court. This includes drafting legal documents that describe your case against the negligent party.

Step 4: Negotiate or Litigate

Most wrongful death claims are resolved through negotiations, with the responsible party or their insurance company offering a settlement. If a fair agreement cannot be reached, your case may move to trial, where a judge or jury will determine the outcome.

Throughout the process, having experienced legal representation ensures your claim is handled professionally and with care.

Justice, Closure, and Moving Forward

Losing a loved one is life-altering, and no legal action can replace what you’ve lost. However, a wrongful death claim can provide justice and financial security, helping you and your family move forward.

At Roy Injury Law, we understand the emotional burden you are facing. If you’re unsure whether you are eligible to file a wrongful death claim or you’d like personalized advice tailored to your situation, we’re here to help. Contact us today and take the first step toward justice.