In addition to an emotional toll, the sudden loss of a family member after a fatal accident can cause many financial damages as well. These include medical costs, loss of income, and final costs. Fortunately, when a loved one is lost because of another’s negligence, Louisiana Law recognizes the right of a family member to bring suit to recover these damages. However, the law is very specific on which family members are allowed to bring the suit.

Louisiana Civil Code article 2315.2 specifies the following list of family members who are allowed to bring a wrongful death lawsuit, with those numbered first having priority over the others:

  1. Spouses and/or children;
  2. Parents;
  3. Siblings; then
  4. Grandparents

This list is exhaustive, meaning that if the victim left no one who falls into one of these categories, no wrongful death claim may be brought. It is also important to note that a wrongful death suit must be brought within one year from the death of the family member, so it is advisable to act quickly so the right to bring the action is not lost.

An experienced Baton Rouge, Louisiana, attorney understands the emotional and financial burden that comes with an unexpected loss of a loved one. If you have additional questions on Louisiana wrongful death claims, please contact us to schedule a free consultation.