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Who is permitted to bring a wrongful death suit in Louisiana?

In our state, if an individual dies due to the negligence or recklessness of another (who is ultimately at fault for the death), and that individual’s survivors suffered damages as a result of the death, they may wish to pursue a wrongful death lawsuit. However, not just anyone is permitted to bring a wrongful death action.

Louisiana Code Article 2315.2 delineates who can bring a wrongful death lawsuit. First, if the deceased has a surviving spouse and child(ren), the spouse or the child(ren) can pursue a wrongful death claim. If the deceased has no surviving spouse or child, then the deceased’s surviving parents (either one or both of them) can pursue a wrongful death lawsuit. If the deceased has no surviving spouse, child or parents, then the deceased’s surviving sibling(s) can pursue a wrongful death claim. Finally, if the deceased has no surviving spouse, child, parents, brothers or sisters, then the deceased’s surviving grandparent(s) can pursue a wrongful death lawsuit.

Those who, by law, are permitted to pursue a wrongful death claim have 12 months from the time the deceased passed away to do so. The right to bring a wrongful death lawsuit is heritable, but it does not extend or interrupt the one-year time limit for filing such a lawsuit.

Losing a loved one is never easy, especially if the loved one’s death could have been prevented. When a person’s death is the fault of another, that person’s loved ones may wish to take legal action to recover compensation for the damages they suffered. A wrongful death lawsuit is one way to accomplish that goal, while also holding the responsible party accountable for the death.