Who Can File a Wrongful Death Claim in Louisiana

By the FigureMyTax Editorial Team · How we calculate

Louisiana's Civil Code draws a hard line between who can recover and who can't — a strict ranking, not an open invitation to every relative.

Four classes, strictly ranked

Civil Code article 2315.2 establishes four exclusive classes, in order: (1) the surviving spouse and children, (2) the surviving parents if no spouse or child survived, (3) the surviving siblings if none of the above survived, and (4) the surviving grandparents if none of the above survived. Only the highest-ranked class with a living member may recover — if a spouse or child survives, the decedent's parents, siblings, and grandparents are excluded entirely, regardless of how close those relationships were.

A real disqualification for abandonment

The article specifically deems a father or mother who abandoned the deceased during their minority to have not survived them for purposes of this action — disqualifying that parent from recovering, even if they'd otherwise fall into the eligible class.

Adoption is treated the same as biological relationships

The statute explicitly includes a child, brother, sister, father, mother, grandfather, and grandmother by adoption within each category — adoptive relationships qualify identically to biological ones throughout all four classes.

A separate claim for pre-death injuries

Louisiana maintains a distinct survival action under Civil Code article 2315.1, letting the same ranked classes recover the decedent's own personal injury damages — like pre-death pain and suffering — as a separate claim alongside the wrongful death action.

This is general information, not legal advice. Beneficiary eligibility is fact-specific. Confirm who qualifies in your situation with a licensed Louisiana attorney.