Wrongful death in Louisiana
Last checked Aug 15, 2026 · LawyerUnc editorial. Educational only, not legal advice.
Elements
1
Death
A person died.
2
Wrongful act
The death was caused by a wrongful act, neglect, or default that would have supported a claim by the decedent if they had lived.
3
Survivors
The claim is brought by a statutory beneficiary or personal representative, not just anyone who is sad about it.
4
Damages
The statute lists what can be recovered: typically loss of support, services, companionship. Punitive damages are jurisdiction-specific.
Burden of proof
Preponderance of the evidence. The underlying tort (often negligence) still has to be proven.
A Louisiana fact pattern
Wrongful death in louisiana.
Statute of limitations
2 years
La. Civ. Code arts. 2315.2 and 3493.1
From death, for a death that arose on or after July 1, 2024.
- An older death can still sit on the one-year story. Medical death follows R.S. 9:5628.