Louisiana Wrongful Death Statute of Limitations (2024)

It can be devastating to lose a loved one, especially because of another person’s actions. These types of negligent deaths can make the grieving process even more difficult and leave you and your family with more questions than answers. While you may not immediately find the answers you need, understanding the Louisiana wrongful death statute of limitations can help ensure that when you are ready, you can fight for the compensation that you and your family deserve.

Statute of Limitations for Wrongful Death Claims in Louisiana

Wrongful death occurs when another person is at fault for the death of another. This can happen because of negligence, an instance of medical malpractice, or an intentional act, including criminal behavior. The time in which these claims must be filed, however, can come before the family has finished processing what happened.

Most wrongful death claims have to be filed within a year of the victim’s death, with few exceptions. If this deadline is passed and the family still attempts to file a claim, the court will usually not consider the case and reject it outright.

If the individual filing the claim is a minor or if certain details of the death are unclear, it might be possible for a claim to be filed after the time limit. However, reviewing the details of your case with an attorney can help you determine what the ideal course of action is in your wrongful death claim. If you are ineligible to file a claim and do so anyway, you could waste a significant amount of time and money.

Types of Damages in Wrongful Death Cases

Valid wrongful death claims usually contain many different types of damages to compensate the family for losses they suffered because of the victim’s death. Recoverable damages include:

• Medical costs. Although these cases occur because a loved one has died, they still could have incurred a significant amount of medical costs due to their injuries before their death. Some damages from a wrongful death claim can be used for the family to pay for these medical costs.
• Funeral expenses. These types of claims involve family members who died unexpectedly. As such, plaintiffs may not have had the resources saved to cover funeral or other end-of-life expenses. A wrongful death settlement can be incredibly important for a family trying to honor their loved one with a funeral.
• Lost wages. Many individuals who are victims of wrongful death provide important income to their families. Their death can negatively impact the financial health of the family. Part of the compensation included in a settlement can cover funds to help make up for the loss of income or other benefits the victim received from their employment and contributed to the family.
• Loss of companionship. Wrongful death claims are unique in the sense that they often involve the remaining family members losing a parent, spouse, sibling, or even child. While money can never replace the pain of losing a loved one, it can help the affected family recover financially. A claim can also hold the defendant accountable for their actions.

This list does not encompass all the types of financial recovery that could be taken in a wrongful death claim. Every wrongful death case is different and involves many of these factors in differing amounts. To estimate a more exact amount for your wrongful death claim, consult with an attorney to learn more. Understanding what your case might be worth can prevent you from accepting a low offer from an insurance company or other party.

FAQs

Who Is Eligible to File a Wrongful Death Claim in Louisiana?

The eligibility to file a wrongful death claim in Louisiana depends on the familial relationship the individual has with the deceased individual. If the late victim had a spouse or children, they are the first individuals who can file a claim. Other people who might be eligible include parents, siblings, and grandparents, but only if the victim did not have a spouse or children. This also includes relatives who were adopted into the family.

What Happens if a Wrongful Death Claim Is Filed After the Statute of Limitations Has Expired?

If a wrongful death claim is filed after the statute of limitations has expired, the court will usually refuse to hear the case. There are certain instances where the court might make an exception, but these are quite rare and do not apply to most cases. This is why it is so important to work with an attorney. They can inform you of your options regarding a wrongful death claim so that your family does not miss out on vital compensation.

Are There Any Exceptions to the Wrongful Death Statute of Limitations in Louisiana?

There are a few limited exceptions to the wrongful death statute of limitations. If the individual filing the claim is a minor, then it might be possible to extend the deadline until after they turn eighteen. There could also be exceptions if multiple parties were found responsible for the victim’s death or if the victim died without a reasonable explanation. It is important to speak with a lawyer about your case to make sure you still have time for a wrongful death claim.

What Does a Wrongful Death Attorney Do?

A: A wrongful death attorney reviews the details of each of their client’s cases to make sure their case is viable, and they still have time to file a claim. They can also gather evidence like witness and professional testimony to prove that another party was responsible for the victim’s death. Attorneys often negotiate with insurance companies and other lawyers to make sure their clients receive a fair settlement that compensates them for their loss.

Louisiana Wrongful Death Lawyer

Wrongful death claims in Louisiana can be difficult for all parties involved. Filing a claim within the statute of limitations can help bring you closure to this difficult time. While compensation cannot bring back your loved one, it can help alleviate some of the financial impacts of this traumatic event. Schedule a consultation with Sanchez Burke, LLC, today to act on behalf of your loved one.