On this page
- What Is a Wrongful Death Claim in Louisiana?
- Who Can Bring a Louisiana Wrongful Death Action?
- Wrongful Death and Survival Actions Are Different
- Evidence in a Covington Wrongful Death Investigation
- Who Could Be Held Responsible?
- What Damages May Be Available in a Wrongful Death Case?
- How Long Do Families Have to File?
- Covington’s Role in the St. Tammany Parish Court System
- Why Trust Jacqueline Scott With Your Covington Wrongful Death Case?
- Frequently Asked Questions About Covington Wrongful Death Claims
While a family is dealing with the loss itself, there may also be medical expenses, funeral costs, lost household income, insurance issues, and questions about whether another person or business can be held legally responsible.
Louisiana law provides specific rights when a person’s death results from another party’s fault. It also establishes rules concerning which surviving family members can bring an action and how long they have to act.
For families in Covington and throughout St. Tammany Parish, a Covington wrongful death lawyer can investigate the circumstances surrounding a death, preserve important evidence, identify potentially responsible parties, and determine which Louisiana claims may apply.
What Is a Wrongful Death Claim in Louisiana?
Louisiana Civil Code Article 2315.2 provides that when a person dies due to the fault of another, certain surviving family members may bring an action to recover damages they sustained because of the death.
A wrongful death case can potentially arise from circumstances such as:
- Car accidents
- Commercial truck collisions
- 18-wheeler crashes
- Motorcycle or pedestrian accidents
- Dangerous property conditions
- Defective products
- Certain workplace-related incidents
- Other events involving legally actionable fault
A fatal accident does not automatically create a successful wrongful death claim.
The evidence still must support the legal requirements of the claim, including whether another party’s conduct caused or contributed to the death.
Who Can Bring a Louisiana Wrongful Death Action?
Louisiana does not simply allow any relative of the deceased person to bring a wrongful death action.
Article 2315.2 establishes an order of beneficiaries. Under the current statute, the action may be brought by:
- The surviving spouse and child or children, or either the spouse or children;
- The surviving father and mother, or either parent, if there is no surviving spouse or child;
- The surviving brothers and sisters, if there is no surviving spouse, child, or parent; or
- The surviving grandparents, if there is no surviving spouse, child, parent, or sibling.
The current law also contains specific provisions concerning a parent who abandoned the deceased during the deceased’s minority. Louisiana’s 2025 legislation added a presumption of abandonment under specified circumstances, effective August 1, 2025.
Because family relationships and statutory priority can affect who has the right to bring a claim, eligibility should be evaluated individually rather than assumed.
Wrongful Death and Survival Actions Are Different
One of the most important distinctions in Louisiana fatal-accident law is the difference between a wrongful death action and a survival action.
They are related, but they address different losses.
A wrongful death action under Article 2315.2 concerns damages sustained by eligible surviving family members because of the person’s death.
A survival action under Civil Code Article 2315.1 preserves certain claims that the deceased person could have pursued for injuries suffered before death. Louisiana law provides a similar beneficiary hierarchy for those claims and, in the absence of the listed beneficiaries, allows the deceased person’s succession representative to pursue the survival right.
For example, when someone survives a serious collision for a period before later dying from the injuries, the legal analysis may involve both what happened to that person before death and the losses suffered by eligible survivors because of the death.
The existence and value of either action depend on the facts and supporting evidence.
Evidence in a Covington Wrongful Death Investigation
A fatal accident investigation may require gathering evidence from several sources.
Depending on what occurred, relevant information could include:
- Police or investigative reports
- Photographs and video
- Witness statements
- Vehicle information
- Surveillance or dash-camera footage
- Commercial trucking records
- Medical documentation
- Employment and income records
- Insurance policies
- Maintenance or inspection records
- Electronic vehicle information
The type of evidence depends heavily on the event.
A fatal car collision near U.S. 190 or LA 21 will create a different investigation from an 18-wheeler collision involving a motor carrier or an incident involving a business property.
Evidence can also disappear. Video may be overwritten, vehicles can be repaired or disposed of, and witnesses can become difficult to locate. Early preservation can therefore be important even when a lawsuit is not immediately filed.
Who Could Be Held Responsible?
Wrongful death claims are not limited to individual drivers.
Depending on the evidence, an investigation may examine the conduct of:
- A negligent motorist
- A commercial driver
- A motor carrier or employer
- A vehicle owner
- A maintenance company
- A property owner or business
- A product manufacturer
- Another person or company whose conduct contributed to the death
Merely being connected to an accident does not establish liability.
For example, a trucking company should not automatically be blamed because its vehicle was involved in a fatal collision. Similarly, a property owner is not automatically responsible merely because a fatal injury occurred on the property.
The evidence and applicable law must establish responsibility.
What Damages May Be Available in a Wrongful Death Case?
There is no standard monetary value for the loss of a family member.
Depending on the circumstances and Louisiana law, a wrongful death or related survival action may involve evidence concerning financial losses, funeral-related expenses, lost support, loss of consortium, service or society, and other legally recognized damages.
Louisiana Civil Code Article 2315 specifically recognizes loss of consortium, service, and society among potentially recoverable damages for the same respective categories of people who would have a wrongful death cause of action.
Medical expenses and other losses associated with the deceased person’s injuries before death may also require analysis through the appropriate claim.
No attorney can determine the value of a wrongful death case based only on the fact that a death occurred. The circumstances, evidence, relationships, financial losses, available insurance, defendants, and applicable law all matter.
How Long Do Families Have to File?
Wrongful death deadlines deserve particular attention because the current Louisiana rule is more specific than simply saying every family has one year.
Article 2315.2 currently states that the wrongful death right prescribes one year from the death or two years from the day the injury or damage was sustained, whichever is longer.
Louisiana’s survival-action statute uses the same general formulation: one year from death or two years from the day the injury or damage was sustained, whichever is longer.
Other types of cases can involve different deadlines or special rules. The applicable deadline should therefore be evaluated based on the particular death, underlying incident, defendants, and potential causes of action.
Covington’s Role in the St. Tammany Parish Court System
Covington has a particularly important role in St. Tammany Parish’s legal system.
The 22nd Judicial District Court has original jurisdiction over civil and criminal matters in St. Tammany and Washington Parishes. Its St. Tammany Parish Justice Center is located at 701 North Columbia Street in Covington.
That makes Covington different from some of the surrounding communities covered in this project because the parish’s district-court facility is located directly within the city.
A wrongful death involving someone from Covington does not automatically mean litigation would be filed at the Justice Center. Proper venue depends on the circumstances, defendants, and applicable law.
Why Trust Jacqueline Scott With Your Covington Wrongful Death Case?
Jacqueline A. Scott & Associates represents injured people and families in serious accident cases across Louisiana. Attorney Jacqueline Scott has practiced for more than 30 years, and the firm handles matters involving car and truck accidents, catastrophic injuries, and wrongful death.
The firm publicly reports a $1 million past wrongful death result. That is a historical result and does not guarantee the same or a similar outcome in another case. Every wrongful death claim depends on its individual facts, evidence, damages, defendants, insurance coverage, and applicable law.
A Covington wrongful death case can require more than identifying how someone died. The investigation may need to determine who has the legal right to bring the claim, whether a survival action also exists, what evidence must be preserved, and which parties the law supports holding responsible.
Make ’Em Pay.
Make ’Em Pay is established Jacqueline A. Scott & Associates branding.
In a Covington wrongful death case, it means pursuing accountability when the evidence and Louisiana law support a claim against another person or business.
It is not a guarantee of liability, compensation, or a particular result.
If your family lost a loved one because of a fatal accident in Covington or elsewhere in St. Tammany Parish, Jacqueline A. Scott & Associates can review the circumstances, explain Louisiana’s wrongful death and survival-action rules, and identify evidence that may need to be preserved.
Make ’Em Pay.
Frequently Asked Questions About Covington Wrongful Death Claims
Who can file a wrongful death claim in Louisiana?
Louisiana Article 2315.2 establishes a beneficiary hierarchy beginning with the surviving spouse and children, followed by parents, siblings, and grandparents when the preceding categories do not exist.
What is the difference between wrongful death and a survival action?
A wrongful death action addresses qualifying survivors’ losses resulting from the death. A survival action preserves certain claims arising from the injuries suffered by the deceased person before death.
How long do I have to file a Louisiana wrongful death claim?
Article 2315.2 currently provides one year from the death or two years from the date the injury or damage was sustained, whichever is longer. Other claims and circumstances may involve different rules.
Where is the district court serving Covington?
The 22nd Judicial District Court serves St. Tammany and Washington Parishes. The St. Tammany Parish Justice Center is at 701 North Columbia Street in Covington.
Does a fatal accident automatically establish a wrongful death claim?
No. A death alone does not establish legal liability. The evidence must support that another party was legally at fault and that the requirements of the applicable claim are satisfied.
This article is general information about Louisiana law and is not legal advice. Laws and deadlines can change, and every case depends on its own facts. Past results do not guarantee or predict future outcomes. Reading this page or contacting the firm does not by itself create an attorney-client relationship.
