Reviewed and Verified by Attorney Allan Berger — Licensed in Louisiana since 1974.
Losing a loved one due to someone else’s negligence is a devastating experience that leaves families with unanswered questions and significant financial burdens. In Louisiana, the law provides a pathway for families to seek accountability through wrongful death and survival actions.
At Allan Berger & Associates, P.L.C., we have spent over 40 years helping New Orleans families secure the resources they need to honor their loved one’s legacy and protect their financial future.
If you need immediate help with a claim, contact Allan Berger & Associates, P.L.C. at 504-526-2222 for a free case review.
Quick Case Summary: Louisiana Wrongful Death Laws (2026)
| Legal Factor | Current Requirement & Deadlines |
| Statute of Limitations | 1 Year from the date of death (Strictly enforced). |
| Survival Action | Covers the deceased’s pain and suffering before death. |
| Wrongful Death | Covers the family’s emotional and financial loss after death. |
| Fault System | Modified Comparative Fault: No recovery if the deceased was 51%+ at fault. |
| Eligible Filers | Strict hierarchy: Spouse/Children, then Parents, then Siblings. |
Wrongful Death vs. Survival Actions: What’s the difference?
In Louisiana, a single fatal accident actually creates two separate legal claims. To summarize, the difference depends on whose losses are being compensated:
- The Survival Action (La. Civ. Code art. 2315.1)
This claim “survives” the deceased. It seeks compensation for the damages your loved one suffered from the moment of the injury until the moment of their death.
- Recoverable Damages: Physical pain and suffering, mental anguish, and medical expenses incurred prior to passing.
- Evidence: We look at medical records and witness testimony to document “awareness” or suffering during the interval between injury and death.
- The Wrongful Death Action (La. Civ. Code art. 2315.2)
This is the family’s personal claim. It compensates the survivors for the losses they personally sustain because their loved one is gone.
- Recoverable Damages: Loss of financial support, loss of companionship, funeral expenses, and the emotional grief of the survivors.
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Who is eligible to file a claim in New Orleans?
Louisiana law is very specific about who has the “right of action.” You cannot file if a relative in a higher “tier” is still living. Put simply, the order of priority is:
- Primary Tier: The surviving spouse and/or children of the deceased.
- Second Tier: If there is no spouse or child, the surviving parents may file.
- Third Tier: If there are no parents, spouse, or children, the surviving siblings may file.
- Fourth Tier: If none of the above exist, the surviving grandparents may file.
The 2026 “51% Rule” and Wrongful Death
A significant change to Louisiana law took effect on January 1, 2026. Louisiana moved from a “Pure” to a Modified Comparative Fault system.
How this affects your case: Under the old law, even if your loved one was 90% responsible for the accident, the family could still recover 10% of the damages.
Under the new 2026 law, if the deceased is found to be 51% or more at fault, the family is completely barred from recovering any compensation. This makes the early collection of evidence—such as traffic camera footage and black box data—more critical than ever to prove the other party was primarily responsible.
How long do you have to file?
To summarize, the timeline for wrongful death is much stricter than for standard personal injury.
- General Rule: You have one year from the date of death to file both the Survival and Wrongful Death actions.
- The “Two-Year” Exception: Under Act 423, if the death was caused by a motor vehicle accident occurring on or after July 1, 2024, the “prescriptive period” may be extended to two years from the date the injury was sustained, provided the suit is filed within one year of the actual death.
Because these deadlines are complex and overlapping, we recommend speaking with an attorney immediately to ensure you do not lose your right to seek justice.
Why trust Allan Berger & Associates, P.L.C.?
For over 40 years, our firm has stood by New Orleans families during their darkest hours. We understand that no amount of money can replace a loved one, but a successful claim can provide the financial security your family needs for funeral costs, lost wages, and long-term stability. Our team handles aggressive insurance adjusters and complex court filings so you can focus on your family.
We operate on a contingency fee basis — you pay no legal fees unless we win money for you.
Talk to a New Orleans personal injury lawyer today at 504-526-2222 or send us a message online to schedule your free consultation.