Survival actions and wrongful death suits in Louisiana

On Behalf of | Feb 28, 2023 | Wrongful Death

Not only does a wrongful death cause emotional devastation, but it can also mean significant financial distress for the victim’s family. As such, a wrongful death action might be an appropriate step to take, helping to hold the responsible party accountable and secure compensation for the losses suffered.

Wrongful death suit in Louisiana

In Louisiana, a wrongful death action is a civil suit that could be filed within one year of the death of a loved one. Those allowed to bring forth this action is dependent on who is alive at the time of the deceased’s death.

This often begins with the surviving spouse and children of the deceased. If there is no spouse or children, then the parents of the deceased could bring forth the action. If the deceased’s parents are no longer living, the siblings of the deceased could file the action. Finally, if the deceased does not have any siblings or their siblings are no longer alive, the grandparents of the deceased could file a wrongful death suit.


The damages that are recoverable by a survivor are dependent on the matter and what type of damages they are seeking. For example, in a survival action, the party filing suit can recover all damages related to the injuries suffered to the deceased’s person and property. This could amount to pain and suffering, medical bills, funeral costs and property damage.

It is also possible for loved ones to seek damages for the losses they suffered as a result of the death of a loved one. This could include mental anguish, loss of companionship, loss of income and other similar damages.

There is no amount of money that can bring a loved one back or make up for their life lost. However, a wrongful death has the tendency to leave survivors with significant emotional, mental and financial losses. Thus, a wrongful death action could be a way to address these losses and damages while also holding a negligent party accountable for their wrongdoings.