What damages are available in a Louisiana wrongful death case?

Louisiana wrongful death law allows certain relatives to recover for the losses they suffer because of a loved one’s death, both financial and emotional. Economic damages can include funeral and burial expenses, medical bills and related costs stemming from the fatal injury, and the loss of the deceased person’s financial support and services. For many families, these damages are about keeping the household stable after suddenly losing a source of income or day-to-day help. Non-economic damages focus on the human side of the loss. Eligible relatives may seek compensation for loss of love, affection, and companionship, loss of guidance and emotional support, and the mental anguish and grief they experience as a result of the death. The law cannot make the loss okay, but it does recognize the depth of what has been taken away. Louisiana generally does not allow punitive damages unless a specific statute says otherwise. Some narrow categories of cases, such as certain drunk-driving incidents or criminal misconduct, may permit punitive damages under separate laws, but they are the exception, not the rule. There is no broad, statewide cap that applies to every wrongful death case. However, some types of claims—such as medical malpractice or suits involving government entities—have their own statutory limits on total damages or particular categories of harm. A Louisiana wrongful death attorney can help you understand which types of damages may be available in your family’s situation. This is general information only and not legal advice.

How long do I have to file a wrongful death claim in Louisiana?

Louisiana uses the term prescription instead of statute of limitations, but the idea is the same: there is a deadline to file a wrongful death claim. Under Civil Code article 2315.2, the right of action for wrongful death generally prescribes one year from the date of death, or two years from the day that injury or damage is sustained, whichever is longer. In everyday terms, families usually have at least one year from the date their loved one dies, and sometimes longer if the injury happened significantly earlier and the law gives extra time based on when the harm was first sustained or discovered. On top of this, Louisiana has recently updated its general rules for delictual actions to a two-year prescriptive period for many injury and death claims. The effective dates of those changes, and the way they interact with the specific wrongful death article, can be technical and depend on when the injury and death occurred. Medical malpractice claims, suits against government entities, and long-latency exposure cases can involve additional and different deadlines, including special notice or review-panel requirements. Because of these moving parts, families should treat Louisiana wrongful death deadlines as urgent. If you suspect that someone else’s fault contributed to a death, the safest course is to speak with a Louisiana lawyer promptly so they can calculate the correct prescriptive period for your specific facts. This is general information only and not legal advice.

What damages are available in a Louisiana wrongful death case?

Louisiana wrongful death law allows certain relatives to recover for the losses they suffer because of a loved one’s death, both financial and emotional. Economic damages can include funeral and burial expenses, medical bills and related costs stemming from the fatal injury, and the loss of the deceased person’s financial support and services. For many families, these damages are about keeping the household stable after suddenly losing a source of income or day-to-day help. Non-economic damages focus on the human side of the loss. Eligible relatives may seek compensation for loss of love, affection, and companionship, loss of guidance and emotional support, and the mental anguish and grief they experience as a result of the death. The law cannot make the loss okay, but it does recognize the depth of what has been taken away. Louisiana generally does not allow punitive damages unless a specific statute says otherwise. Some narrow categories of cases, such as certain drunk-driving incidents or criminal misconduct, may permit punitive damages under separate laws, but they are the exception, not the rule. There is no broad, statewide cap that applies to every wrongful death case. However, some types of claims—such as medical malpractice or suits involving government entities—have their own statutory limits on total damages or particular categories of harm. A Louisiana wrongful death attorney can help you understand which types of damages may be available in your family’s situation. This is general information only and not legal advice.

How long do I have to file a wrongful death claim in Louisiana?

Louisiana uses the term prescription instead of statute of limitations, but the idea is the same: there is a deadline to file a wrongful death claim. Under Civil Code article 2315.2, the right of action for wrongful death generally prescribes one year from the date of death, or two years from the day that injury or damage is sustained, whichever is longer. In everyday terms, families usually have at least one year from the date their loved one dies, and sometimes longer if the injury happened significantly earlier and the law gives extra time based on when the harm was first sustained or discovered. On top of this, Louisiana has recently updated its general rules for delictual actions to a two-year prescriptive period for many injury and death claims. The effective dates of those changes, and the way they interact with the specific wrongful death article, can be technical and depend on when the injury and death occurred. Medical malpractice claims, suits against government entities, and long-latency exposure cases can involve additional and different deadlines, including special notice or review-panel requirements. Because of these moving parts, families should treat Louisiana wrongful death deadlines as urgent. If you suspect that someone else’s fault contributed to a death, the safest course is to speak with a Louisiana lawyer promptly so they can calculate the correct prescriptive period for your specific facts. This is general information only and not legal advice.

Louisiana Wrongful Death Law: Who Can Sue, Deadlines, and...

Quick facts for Louisiana

Who can file: In Louisiana, only certain relatives may bring a wrongful death action, in a strict order of priority: first the surviving spouse and children together or individually; if none, the surviving parents; if none, the surviving siblings; and if none of those exist, the surviving grandparents.

Deadline to file: For deaths occurring on or after July 1, 2024, most Louisiana wrongful death claims generally must be filed within two years of the date of death, though deaths tied to earlier injuries and some special statutes may still be subject to a one-year prescriptive period.

Key statute: La. Civ. Code art. 2315.2

Types of compensation families may pursue

Funeral, burial, and related expenses

Medical bills and other expenses caused by the fatal injury

Loss of the decedent’s financial support and services

Loss of love, affection, and companionship

Loss of guidance, care, and emotional support

Mental anguish, grief, and emotional distress of survivors

Punitive damages only where a specific Louisiana statute allows them (for example, certain drunk-driving cases)

Louisiana does not have a general cap on wrongful death damages, but some categories—such as medical malpractice claims and certain suits against government entities—are subject to separate statutory limits.

Louisiana wrongful death law guide

Grief is rarely tidy, and Louisiana law adds its own layer of complexity. If you have lost a loved one and someone mentions a “wrongful death claim,” you may be wondering who actually has the right to sue, how long you have, and what good any of it could possibly do.

This guide walks through the basics of Louisiana wrongful death law, with an emphasis on clarity and compassion rather than legal jargon.

1. What is a wrongful death action under Louisiana law?

Louisiana Civil Code article 2315.2 creates a wrongful death action when a person dies due to the fault of another. :contentReference[oaicite:25]{index=25}

A wrongful death claim is:

A civil lawsuit, separate from any criminal case
Brought by certain relatives listed in the Civil Code
Intended to compensate their losses resulting from the death

Common examples include:

Car and truck crashes, including drunk-driving collisions
Dangerous property conditions or workplace incidents
Medical malpractice and nursing home neglect
Defective products or industrial equipment
Criminal assaults or other intentional acts

2. Who can file a wrongful death claim in Louisiana?

Louisiana uses a strict order of priority. Only one group at a time can bring a wrongful death action:

Surviving spouse and children of the deceased, together or individually
If there is no spouse and no children, the surviving parents
If there are no surviving parents, the surviving siblings
If there are no surviving siblings, the surviving grandparents :contentReference[oaicite:26]{index=26}

Some important implications:

If the deceased left a spouse or children, parents, siblings, and grandparents have no wrongful death claim, even if they are deeply affected. :contentReference[oaicite:27]{index=27}
If a qualifying relative has abandoned the deceased during minority, the law may treat them as not having survived for purposes of the claim. :contentReference[oaicite:28]{index=28}

Because this order is strict, disputes sometimes arise in blended families or where relationships were strained. A Louisiana attorney can help clarify who falls into which level and whether more than one person within the same level can participate.

3. How long do you have to file? (Prescription / statute of limitations)

Historically, Louisiana wrongful death actions had a one-year prescriptive period from the date of death under article 2315.2(B). :contentReference[oaicite:29]{index=29}

However, in 2024, Louisiana adopted Act 423, adding Civil Code articles 3493.11 and 3493.12 and extending the prescriptive period for many delictual (tort) actions—including many personal injury and wrongful death claims—to two years for incidents occurring on or after July 1, 2024. :contentReference[oaicite:30]{index=30}

Putting this in plain terms:

If the death occurred on or after July 1, 2024, most wrongful death claims will now have a two-year prescriptive period from the date of death.
If the underlying injury or exposure happened before that change, or the death arose from older injuries (such as long-term toxic exposure), the older one-year rules may still apply.
Some specific statutes, such as medical malpractice or claims against public entities, have their own separate time limits and notice requirements.

Because of this transition from one year to two years, and because older injuries can still lead to later deaths, the safest approach is to treat wrongful death deadlines in Louisiana as urgent. If you suspect a claim, getting legal advice quickly can keep prescription from quietly wiping out your rights.

4. What damages are available?

Louisiana allows the eligible relatives to recover for both economic and non-economic losses they suffer as a result of the death. :contentReference[oaicite:31]{index=31}

Economic losses

Funeral, burial, and memorial expenses
Medical bills and related costs stemming from the fatal injury
Loss of the deceased person’s financial support and expected earnings
Loss of household services, childcare, and other practical contributions

Non-economic (human) losses

Loss of love, affection, and companionship
Loss of guidance and emotional support
Survivors’ grief, mental anguish, and emotional distress

Louisiana generally does not allow punitive damages unless a specific statute authorizes them. Some examples include certain drunk-driving incidents or other narrowly defined circumstances. :contentReference[oaicite:32]{index=32}

There is no general statewide cap on wrongful death damages, but:

Medical malpractice cases are subject to a separate total damages cap (with exceptions for future medical care).
Claims involving government entities may have their own limits.

A Louisiana wrongful death attorney can explain how these caps may apply to your particular situation.

5. How wrongful death differs from survival actions

Louisiana law also recognizes a survival action under article 2315.1, which belongs to a similar group of relatives and covers the damages the person themselves suffered between the injury and death (such as pain and suffering and pre-death wage loss). :contentReference[oaicite:33]{index=33}

In many cases, the same family members can bring both:

A survival action, for what the decedent went through before death, and
A wrongful death action, for what the relatives suffer because of the death itself.

These claims have related but distinct prescriptive periods, especially in long-latency exposure cases (like asbestos). That is one more reason why early, individualized advice matters.

6. What grieving families can do next

When you are dealing with funeral arrangements, paperwork, and the emotional reality of loss, the idea of “bringing a lawsuit” may feel far away—or even distasteful.

You do not have to make that decision right away. But you can quietly protect your options by:

Collecting key documents. Death certificate, accident reports, medical records, autopsy or coroner reports, and any insurance letters.
Listing eligible relatives. Spouse, children (including adopted children), parents, siblings, and grandparents, with notes about who is living and their relationship with the decedent.
Writing down what you know. Dates, names, and your understanding of what happened and who may be responsible.
Talking with a Louisiana wrongful death attorney. A short consultation can clarify who has standing to sue, what deadlines apply, and whether a claim is realistic or advisable under your family’s circumstances.

Sometimes the most important outcome is not the money, but the answers, accountability, and sense that your loved one’s story was heard.

7. Important disclaimer

This Louisiana wrongful death guide is general information only. It:

Does not create an attorney–client relationship
Is not a substitute for legal advice
May not capture every nuance of the recent changes to Louisiana’s prescriptive rules
May apply differently based on the specific facts of any real case

If you have lost someone and believe another person or company may be at fault, the best way to protect your rights is to speak with a Louisiana lawyer who regularly handles wrongful death and survival actions.

Louisiana Wrongful Death Law Guide