Who can sue for wrongful death in Louisiana?

Sponsored Answer
Luke Williamson - Personal Injury - General - Super Lawyers

Answered by: Luke Williamson

Located in Baton Rouge, LAWilliamson Fontenot Campbell & Whittington, LLC

Baton Rouge, LA
Phone: 225-383-4010
Fax: 225-383-4114

View Profile

First, it is important to distinguish “wrongful death” from “survival action.” Legally speaking, wrongful death covers damages for your loss of love, affection and financial support from your family member. However, survival action covers the pain and suffering experienced by your loved one prior to death. For the purpose of this question and my answer, when considering whether you can sue for the death of your loved one, we are speaking only about wrongful death.

Louisiana has unique laws about wrongful death suits and who can bring them. Under Louisiana law, a hierarchy exists based on an individual’s relationship to the decedent. Only the most senior member of the hierarchy may bring a suit. If someone exists who is more senior in the hierarchy, whether or not they want to bring a suit, you cannot bring a suit. The hierarchy is as follows:

  • Spouse and/or children
  • Parents
  • Siblings
  • Grandparents

So, the spouse and children of the decedent take precedence, down to the grandparents with last priority. This hierarchy means that if no existing legal tie, such as with a long-term boyfriend or girlfriend, then there is no possibility at all of bringing a suit.

Overall, the process of suing for wrongful death is extremely complicated. It requires not only legal knowledge, but medical understanding of the situation. If you are considering suing for wrongful death of your loved one, you must contact an attorney with deep experience in this area.

Disclaimer: The answer is intended to be for informational purposes only. It should not be relied on as legal advice, nor construed as a form of attorney-client relationship.

Other Answers By Luke Williamson

Photo of Luke Williamson

Can I sue the company that employed the driver in my truck accident in Louisiana?

The important thing to understand when thinking about suing the company that employed the driver in your trucking accident is whether or not the …

Sponsored answer by Luke Williamson

Other Answers About Wrongful Death

Photo of Mark L. Karno

Can I sue the party responsible for an Illinois accident if I lose a loved one?

The loss of a loved one in a serious accident can be devastating to the entire family. There will be an emotional toll and, if the deceased was a …

Sponsored answer by Mark L. Karno

Photo of Joseph F. Gaar, Jr.

Does A Louisiana Wrongful Death Claim Only Involve The Deceased Person’s Employer?

Absolutely not. If an individual dies at work the employer or a co-worker may bear some or even all the fault in causing that individual’s …

Sponsored answer by Joseph F. Gaar, Jr.

Photo of Walter Marshall Sanchez

What is a "wrongful death" claim in Louisiana?

You might be entitled to wrongful death damages if the death of your spouse or family member was caused by someone else’s negligent or faulty …

Sponsored answer by Walter Marshall Sanchez

Call Me

To: Luke Williamson

Super Lawyers: Potential Client Inquiry

Disclaimer »
Privacy Policy »
*Required fields
Page Generated: 0.68492794036865 sec