Who Can File a Wrongful Death Lawsuit in Louisiana?

Who can file a wrongful death lawsuit in Louisiana? A spouse, children of the deceased, or, failing that, parents, siblings, or grandparents may file a wrongful death lawsuit in Louisiana.

If you’ve lost someone close to you due to someone else’s negligence, contact our compassionate Louisiana wrongful death lawyer and see how we can help you seek justice.

Spouses Filing for Wrongful Death in Louisiana

A husband or wife may file a wrongful death lawsuit in Louisiana, and they will often do so jointly with the children of the deceased. However, common-law spouses cannot file a wrongful death lawsuit, even if they have enjoyed a long-term relationship with the deceased spanning many years.

Similarly, an ex-spouse may not file such a lawsuit. However, if either common-law or ex-spouses are a parent of the deceased’s children, they may indirectly benefit in their role as legal guardians. The children would be the direct beneficiaries.

If the deceased has a surviving spouse and children, compensation is usually divided equally between them. Settlement negotiations led by an attorney or a court ruling may result in alternative arrangements in certain circumstances.

Children of the Deceased Can File a Wrongful Death Lawsuit in Louisiana

Under La. Civ. Code art. 2315.2, both biological children and legally adopted children may file a wrongful death lawsuit. They have the same right to compensation as a surviving spouse. If the deceased was not married, they can file the claim on their own behalf.

When there is more than one child, they would ordinarily act together, filing a single claim. If the children are minors, their legal guardian can bring a lawsuit on their behalf. They would be required to manage the proceeds until the children attain their majority.

Compensation is not always divided equally among the deceased’s children. Factors such as age and dependency are taken into account when apportioning damages. Therefore, a “child” who has reached their majority and did not depend on the deceased for financial support may receive a smaller portion than siblings who were the deceased’s dependents.

When Parents Can File a Wrongful Death Lawsuit in Louisiana

Parents are among the parties who can file a wrongful death lawsuit in Louisiana if the deceased had no surviving spouse and there are no surviving children. Tragically, this provision often applies when the deceased was a minor child.

Regardless of the child’s age, a father, a mother, or both parents may bring the claim. If they are divorced, they can still claim together, or they may claim separately, but compensation is still paid based on their relationship with the deceased.

The law excludes wrongful death compensation payments to a parent who abandoned their child while they were still a minor. They are not considered as a person who can file a wrongful death lawsuit in Louisiana, as the law does not regard them as having survived their child as a parent.

Siblings Who Can File a Wrongful Death Lawsuit in Louisiana

If there is a surviving spouse, child, parent, or grandparent, siblings may not file a wrongful death lawsuit. However, if there is no closer family member, a deceased person’s brothers and sisters, including half-brothers and half-sisters, are equally entitled to file suit.

In general, each sibling receives an equal share of any resulting compensation. However, a court may rule in favor of a different arrangement if certain siblings are more adversely affected by the loss than others. A court would consider their financial or emotional relationship with the deceased.

In most cases like this, siblings bring a joint claim, or one sibling brings the claim as the named plaintiff and represents all their siblings. A single, coordinated claim means there is no overlap, a more favorable situation than when siblings who can file a wrongful death lawsuit in Louisiana bring separate claims.

Surviving Grandparents May File a Wrongful Death Lawsuit in Louisiana

If a person who has passed away in an accident they did not cause has no spouse, children, surviving parents, or siblings, their grandparents have the right to file a wrongful death lawsuit. If there is more than one surviving grandparent, a specific set of principles is applied. They are similar to those used in other situations involving multiple beneficiaries.

Maternal and paternal grandparents are usually equal beneficiaries, unless certain grandparents can show they had a closer relationship with the deceased than others.

For example, if one set of grandparents raised a deceased person, or they depended on the deceased for financial support, they would generally receive a larger share of any settlement.

A Testamentary Beneficiary Who is Not a Direct Family Member Cannot File a Wrongful Death Lawsuit

Although a testamentary beneficiary will inherit assets from the deceased’s estate, wrongful death compensation is not regarded as part of the estate. Since they are not considered statutory beneficiaries under Louisiana Law, they are not among those who can file a wrongful death lawsuit in Louisiana.

An Executor May Sometimes Bring a Survival Action, Not a Wrongful Death Action

Neither testamentary beneficiaries nor executors can bring a wrongful death action. However, an executor may bring a survival action under certain circumstances. Survival actions differ from wrongful death lawsuits. A short explanation clarifies this:

• A wrongful death action allows family members to claim for their losses, like emotional suffering, loss of financial support, and loss of companionship.
• A survival action under La. Civ. Code art. 2315.1 claims compensation the deceased would have been entitled to had they survived.

An executor can only bring a survival action if the deceased had no direct relatives. In other words, if there is a surviving spouse, or if there are children, parents, or grandparents, an executor may not bring a survival action. Instead, relatives, in order of precedence, may file both a wrongful death lawsuit and a survival action.

A Lawyer Can Help You Navigate a Wrongful Death Lawsuit

People who can file a wrongful death lawsuit in Louisiana may feel justifiably averse to pursuing financial compensation. After all, there is no real way to reflect the value of a family relationship.

Nevertheless, your loss may place you in a difficult financial position, and although a wrongful death is never fair, you can explore what justice is available to you.

Consult our Louisiana personal injury lawyer and allow them to evaluate your case. They will help you to explore your legal options with sympathy and respect for your grief.

At Scott Vicknair Injury Lawyers, we never compromise on our core values. We will always prioritize your interests above our own when recommending any course of action.