A Louisiana family may need to file two claims after a fatal injury. A wrongful death claim concerns the losses the family sustained because of the death. A survival action preserves the claim the person could have brought for injuries suffered before death. The same event can support both, but the proof and damages are different. See Louisiana Civil Code article 2315.2 and article 2315.1.
Start with the people who have the right to sue
The statutes put relatives in an order of priority. A surviving spouse and children come first, followed by parents if there is no spouse or child, then siblings, then grandparents. Adoption is included in the statutory family terms. A succession representative may bring a survival action if none of the listed beneficiary classes exists; that is different from assuming every wrongful death case must begin with a succession.
Family records matter at this stage. Marriage, birth, and adoption records can establish who belongs in the appropriate class. If several relatives in one class survive, identify them before a petition or settlement is prepared. Our separate explanation of who can sue after a wrongful death addresses the priority rules in more detail.
Work out the deadline from the injury and death dates
The current text of articles 2315.2(B) and 2315.1(A) generally uses the longer of one year from death or two years from the day injury or damage was sustained. That wording came through 2025 legislation effective August 1, 2025. Do not apply a current statutory sentence mechanically to an older injury or death; the governing law, accrual, and any interruption or exception require a case-specific review.
Medical malpractice has separate timing rules. Article 2315.2(F) provides a one-year period from death for a medical malpractice wrongful death action, while article 2315.1(F) points medical malpractice survival actions to La. R.S. 9:5628. The medical review panel process may also matter under La. R.S. 40:1231.8. Claims involving a federal employee or agency can require administrative presentment before suit under 28 U.S.C. § 2675. These exceptions are reasons to review the timeline promptly, not to guess at a filing date.
For a fuller discussion of the two claims and their timing, see our survival action and wrongful death comparison.
Gather enough information to identify the claim
Before filing, put the incident date, date of death, likely responsible parties, and available records on one timeline. The death certificate, EMS and hospital records, crash or incident report, and witness names may reveal gaps that need attention. Keep original photographs and messages. If a vehicle, product, equipment, or video recording may show what happened, identify who controls it so preservation can be requested before it changes or disappears.
The medical sequence can be especially important when death followed days or months after the initial injury. Records may have to connect the event to later complications, treatment, and cause of death. Families do not have to diagnose that connection themselves, but they can help by preserving records and naming the treating facilities. Louisiana Vital Records explains how to order a death record.
File the petition in a court with jurisdiction and proper venue
A Louisiana civil petition identifies the parties, states the material facts and causes of action clearly, and requests relief. Those basic requirements appear in Code of Civil Procedure article 891. The petition should distinguish any wrongful death claim from a survival action and identify the beneficiaries asserting each claim. It should also identify the defendant whose conduct allegedly caused the death and the factual basis for liability and damages.
The proper parish depends on the parties and facts. Article 42 provides general venue rules; article 74 provides venue options for an action arising from an offense or quasi offense, including where the wrongful conduct occurred or damages were sustained. Other provisions may apply to a particular defendant. Choosing a courthouse solely because the family lives nearby can create an avoidable dispute.
Filing the petition is followed by a request for citation and service. Article 1201(C) generally requires the plaintiff to request service on a defendant within 90 days of commencing the action; the current article also addresses payment of service fees. Track the request and the clerk’s response rather than assuming that filing alone completes service.
Build proof for both claims
A wrongful death claim asks what the eligible relatives lost because the person died. A survival action asks what the person suffered between injury and death, if the facts support it. The evidence can overlap without making the claims interchangeable. The incident record may establish fault, medical records may connect injury to death, and employment or family records may help explain the losses asserted. Our article on proving fault in a wrongful death claim focuses on that first link in the chain.
Fault also depends on the date the cause of action arose. Under the current Civil Code article 2323, the 51 percent recovery bar applies to causes of action arising on or after January 1, 2026. Earlier causes remain subject to the prior proportional-reduction rule. The allocation must be assessed against the actual incident and the applicable version of the law.
Our Baton Rouge wrongful death service page explains how the firm handles standing, evidence, insurers, and related survival claims. A family can seek advice before it has every record, particularly when a deadline, medical malpractice process, or evidence-retention issue is uncertain.