Yes, a family can sue. Louisiana law gives surviving family members the right to pursue a wrongful death claim when someone is killed due to another driver’s negligence. But who can file, what they can recover, and how long they have to act are questions with specific legal answers that most families don’t know until it’s too late. Cueria Law Injury Lawyers has represented grieving Louisiana families in wrongful death cases for over 30 years. Call (504) 525-5211 to start your free consultation, available 24/7.
Not Everyone in the Family Has the Right to File
This is the first thing families need to understand. Louisiana Civil Code Article 2315.2 doesn’t give every relative the right to bring a wrongful death claim. The law sets a strict priority order, and only the highest eligible class can file.
Surviving spouses and children come first. If there is no surviving spouse or child, the deceased’s parents may file. If there are no surviving parents, siblings have the right. If no siblings are living, grandparents may bring the claim. Each tier only gets access if no one in the tier above them is still alive.
That hierarchy matters in practice. A sibling who loses a brother cannot file if that brother had a surviving spouse or children. The right belongs to the higher-priority family members exclusively. Getting the wrong person named as the claimant can derail a case before it reaches the merits.
There is also an exception worth knowing. A surviving family member who is convicted of intentionally killing the deceased, or judicially found to have participated in their killing, loses all rights to wrongful death and survival action proceeds under Louisiana law.
Wrongful Death and Survival Actions Are Two Separate Claims
Louisiana recognizes two distinct legal claims when someone dies due to another’s fault. Families can often pursue both.
A wrongful death claim under Civil Code Article 2315.2 covers the losses the surviving family members suffer because of the death. Lost financial support, loss of companionship, grief, and funeral expenses fall here. The focus is on what the family lost.
A survival action under Civil Code Article 2315.1 covers what the deceased could have claimed had they lived: pain and suffering from the moment of impact to death, and medical bills incurred before passing. The focus is on what the victim experienced.
Whether a survival action holds up depends on the facts. If death was instantaneous with no evidence of suffering, it may not apply. But when a victim survived any period of time after the crash, that window is legally significant. An attorney will assess which claims apply and document both where the facts support it.
“Brent and his team are amazing. My experience has been personable and consistent — they put their best into resolving my case.” — Roneca Singleton, Google Review
What a Wrongful Death Case Can Actually Recover
The damages available go well beyond funeral costs. Families consistently underestimate what Louisiana law allows them to claim.
In a wrongful death claim, recoverable damages include the financial support the deceased would have provided over their lifetime, services they performed for the household, loss of love, affection, and guidance, and the surviving family’s mental anguish. Courts and juries take relational loss seriously. A parent’s loss of a child carries real monetary value under Louisiana law even when the deceased had no income.
In a survival action, the estate can pursue compensation for the physical pain before death, medical expenses incurred after the accident, and lost wages the deceased would have earned. Insurance companies routinely minimize both categories. They argue the deceased contributed to the crash, that suffering before death was brief, or that emotional loss has limited value. An attorney who knows how Louisiana juries weigh these damages changes what ends up in a settlement offer.
You Have One Year. That Deadline Does Not Move.
Louisiana Civil Code Article 2315.2 gives families one year from the date of death to file a wrongful death lawsuit. The survival action carries the same window. These are among the shortest statutes of limitations in the country for this type of claim.
The clock runs from the date of death, not from the date of the crash if the two are different. If someone was hospitalized for weeks before dying, the year starts at death, not the accident.
Missing it is almost always fatal to the case. Courts rarely grant exceptions. Families deep in grief often let the deadline approach without realizing how close it is. Evidence also disappears fast after a fatal crash: surveillance footage gets overwritten, witness memories fade, and vehicle data recorders have limited storage windows. The sooner an attorney starts building the case, the stronger it will be.
“R. Brent Cueria is an outstanding attorney who provided me with exceptional care and respect throughout my case, demonstrating impressive intelligence, skill, and dedication. His kindness and responsiveness were a comfort during a difficult time.” — Lisa Creppel, Google Review
Why Louisiana Families Choose Cueria Law for Wrongful Death Cases
Brent Cueria founded Cueria Law in 1993 after years on the defense side of personal injury cases. That background matters in wrongful death litigation, which typically involves well-funded insurance carriers with experienced defense teams. He knows their strategies because he used to build them.
Cueria Law holds a 4.9-star rating across more than 130 client reviews. Mr. Cueria is a member of the Million Dollar Advocates Forum, recognizing attorneys who have won settlements or verdicts exceeding $1 million. He has been repeatedly named to the Super Lawyers list, placing him among the top 5% of attorneys in Louisiana. As Brent has said: “We’re not afraid to take on the big companies — oil companies, insurance companies, and the Fortune 500 of the world.”
Cases are handled on a contingency fee basis. You pay nothing unless the firm wins your case. Call (504) 525-5211 to start your free consultation.
Meet the Attorney Who Will Handle Your Case
Brent Cueria, Founding Partner, earned his J.D. from Loyola University New Orleans School of Law in 1988. He spent his early career on the insurance defense side before founding Cueria Law in 1993 to represent injured people and grieving families exclusively. He is licensed before the Louisiana Supreme Court and handles wrongful death, car accidents, catastrophic injury, maritime injury, and personal injury cases statewide.
The firm is located at 650 Poydras Street, Suite 2740, in New Orleans. The team is available 24 hours a day, 7 days a week.
“When I called Cueria Law Firm I was taken care of very well. Brent is very detailed and really doesn’t miss a beat. I am extremely happy with my results and my settlement and would recommend Brent to my friends and family.” — Jordan Hamilton, Google Review
Wrongful Death in Louisiana: Frequently Asked Questions
What if the deceased was partially at fault for the accident?
Louisiana follows a comparative fault system. Damages are reduced by the deceased’s percentage of fault. Under 2026 modifications, a plaintiff found 51% or more at fault recovers nothing. But partial fault does not automatically bar the family’s claim. An attorney can challenge fault assessments and push to keep the percentage as low as the evidence allows.
Can we file both a wrongful death claim and a survival action?
In most cases, yes. They address different losses and are typically pursued together. A wrongful death claim covers what the family lost. A survival action covers what the deceased suffered before death.
What if the at-fault driver had no insurance or minimal coverage?
Louisiana has some of the highest rates of uninsured drivers in the country. Your own uninsured or underinsured motorist coverage may apply. There may also be other liable parties: a vehicle manufacturer, an employer if the driver was on the job, or a government entity responsible for road conditions. An attorney investigates all potential defendants before concluding the other driver’s policy is the only option.
Can a stepchild or adopted child file a wrongful death claim?
Adopted children fall within the same class as biological children under Louisiana law. Stepchildren who were not legally adopted generally do not have standing under Civil Code Article 2315.2. The family structure matters and is worth clarifying with an attorney early.
What if the crash involved a drunk driver?
Evidence of gross negligence like DUI significantly strengthens the liability side of the case. In certain situations involving wanton or reckless conduct, Louisiana law may allow for exemplary damages on top of compensatory damages, though this is fact-specific.
How much does it cost to hire Cueria Law?
There is no upfront cost. Cueria Law works on a contingency fee basis. You owe nothing unless the firm recovers compensation for you.
Lost Someone in a Louisiana Car Accident? Here Is Your Next Step
You have one year from the date of death to file. Waiting costs evidence and options. At Cueria Law Injury Lawyers, your consultation is free, there is no obligation to retain us after speaking, and we only collect a fee if we win your case. Not sure where to start? Read our guide on how to find the right lawyer for your situation.
Call (504) 525-5211 any time, day or night, or visit cuerialawfirm.com to start your free consultation.
