What Is the Statute of Limitations for Filing a Wrongful Death Lawsuit in Louisiana?

What is the statute of limitations for filing a wrongful death lawsuit in Louisiana? In Louisiana, the statute of limitations for filing a wrongful death lawsuit is generally one year from the victim’s passing.

If you have lost a loved one due to someone else’s negligence, a New Orleans wrongful death lawyer may be able to help you get justice.

Time is Limited to File a Wrongful Death Claim

After someone wrongfully passes, you may be left with many questions and wondering what steps to take next. This can be an exceptionally difficult time, so your attorney can help walk you through what to do after a wrongful death in Louisiana, allowing you to focus on your family.

A statute of limitations is the length of time you have to file a claim before it becomes time-barred, meaning you can no longer legally pursue the at-fault party. In Louisiana, this time frame is generally one year from the date of death.

It is important that you act quickly to ensure justice for your loved one. Louisiana has a shorter statute of limitations than many other states, so it is necessary to take that into account when determining the time to file a wrongful death lawsuit in Louisiana.

The Filing Deadline Usually Starts on the Date of Death

In Louisiana, the statute of limitations for filing a wrongful death lawsuit does not begin when the victim is injured. Still, from the date of death (Art. 2315.2). These dates are not always the same, so it is important to understand the difference between them.

There are situations in which the victim may not pass away immediately after an accident. For example, if an individual suffers a traumatic brain injury and ends up on life support, this can last for days, weeks, or even months. In instances such as this, there is typically a delay between the time the accident occurred and the time the statute of limitations may begin to run.

Understanding when the statute of limitations begins is essential to ensure you do not miss any deadlines, thereby preventing you from recovering compensation from the at-fault party. Losing a loved one unexpectedly is never easy, and your family deserves justice.

You Deserve Compensation For Your Loss

When you lose a loved one due to negligence, going through a legal battle may be the last thing you want to endure, but you deserve payment for your loss. Working with a lawyer allows you to grieve while they handle the legal fight in the background.

While no amount of money can bring back what you have lost, financial compensation can help alleviate some stress. These payments may help cover medical bills accrued before the deceased’s passing, loss of income and future earnings, funeral costs, and lost benefits such as healthcare.

Additionally, there are non-economic damages that you may be owed, including pain and suffering and loss of companionship. This is why understanding what the statute of limitations for a wrongful death claim in Louisiana is important. If you miss the deadline, you may be left in a situation where you are unable to recoup these damages.

Only Certain People May Claim Wrongful Death Benefits

There are strict rules on who can file a wrongful death lawsuit in Louisiana. There is also a set order of priority for these benefits. This is to ensure that the proper party, who relies on the deceased’s income and companionship, receives the compensation they need. This list includes:

• Surviving spouse
• Children of the deceased
• Parents
• Siblings
• Grandparents

If a surviving spouse files a claim, the deceased’s siblings typically cannot file a claim as well. Regardless of who files the claim, the statute of limitations for a wrongful death claim in Louisiana generally remains one year.

Can the Statute of Limitations Be Extended in Wrongful Death Cases?

In rare cases, the typical one-year statute of limitations may not apply. As these scenarios are uncommon, it is important to consult a New Orleans personal injury lawyer to ensure you comply with all applicable laws and regulations. Extensions to the statute of limitations can include scenarios such as:

• Cases involving minors. Oftentimes, the statute is delayed until their 18th birthday
• Cases involving legally incapacitated individuals. Often delayed until a judge determines they regain cognition
• Situation where the defendant concealed wrongdoing
• Discovery rule. If the cause of death is not immediately apparent, the timeframe may be extended until it is known

There are also scenarios in which the statute of limitations is shortened. However, these are generally limited to claims against government entities because of additional rules that require shorter notice periods.

Acting Early Helps Protect Your Legal Rights So You Do Not Miss the Statute of Limitations for Filing a Wrongful Death Claim in Louisiana

You have lost enough; losing out on compensation that can help cover funeral expenses and lost income for your family should not be a part of that loss. The sooner you act, the stronger your case may be. This ensures you do not miss the statute of limitations for your wrongful death claim in Louisiana.

Working with a knowledgeable attorney can sometimes reduce how long a wrongful death case takes in Louisiana. They understand the local, state, and federal laws regarding these cases and can help collect the necessary evidence to build and strengthen your case.

Working with a lawyer allows you to focus on your family and grieving. By speaking with witnesses, hiring experts, analyzing physical evidence, and negotiating with insurance adjusters on your behalf, your attorney can help alleviate some stress for you.

Scott Vicknair Injury Lawyers Are Here to Fight For Justice

Losing a loved one in an accident is never easy, but it can be made worse knowing that it was due to the negligent acts of another.

At Scott Vicknair Injury Lawyers, we are here to help you through this process by providing guidance, understanding, and care. Contact us today for your free consultation. We will help honor your loved one by fighting for the justice and compensation you deserve.