Louisiana Wrongful Death Statute of Limitations
Generally speaking, Louisiana’s wrongful death statute of limitations is one year, according to CC Art. 2315.2. In other words, you have up to one year from the date of your loved one’s death to file a lawsuit in civil court. If you fail to meet this deadline, the court will likely refuse to hear your case.
An expired statute can also negatively affect your chances of securing an insurance settlement and lead to a reduced or denied claim. Therefore, it is a good idea to get started on your wrongful death case as soon as possible. An attorney with our firm can tell you more about seeking financial recovery and help you take action before time runs out.
What Damages Can You Seek for a Loved One’s Wrongful Death?
A wrongful death case allows a decedent’s surviving family members to recover damages resulting from their loved one’s fatal accident and injury. Compensation includes economic damages the deceased could have sought had they lived and awards for survivors’ non-economic losses.
In general, we can help you pursue:
- Medical expenses. Medical damages include any expenses related to your loved one’s fatal injury, such as the cost of emergency transportation, emergency room care, medical procedures, prescription drugs, hospitalizations, palliative care, and hospice.
- Lost income. You can recover the value of lost earnings and benefits from the time of your loved one’s accident until their death. Additionally, you can pursue compensation for income your loved one would likely have earned had they lived.
- Funeral and burial expenses. You can recover the cost of your loved one’s funeral services or memorial, burial, cremation, plot, urn, and other necessary end-of-life expenses.
- Household services. You can seek awards for household services your loved one would have performed had they survived their injuries, such as cooking, cleaning, transportation, child care, and home maintenance.
- Non-economic damages. Surviving family members can seek awards for grief and anguish caused by their loved one’s death. Additionally, survivors can receive awards for the loss of the deceased’s emotional support, companionship, care, and guidance.
Who Can Pursue a Wrongful Death Case?
Louisiana’s wrongful death statute of limitations specifies who can seek compensation and in what order. The law states the deceased’s family members have the right to take action in the following succession:
- The surviving spouse and children, or either the surviving spouse or children
- The surviving parents (if there is no spouse or children)
- The surviving siblings (if there are no spouse, children, or parents)
- The surviving grandparents (if there are no spouse, children, parents, or siblings)
According to CC Art. 2315.1, if none of the aforementioned family members survive the deceased, the right of action goes to the deceased’s next of kin.
What Constitutes Wrongful Death Under Louisiana Law?
According to the Louisiana Department of Health, unintentional injury is the leading cause of death in Louisiana residents ages 1 to 44. However, not every unintentional fatal injury is a wrongful death. As such, a wrongful death results from another party’s negligent, reckless, or wrongful actions.
An attorney with our firm can assist with wrongful death cases involving:
- Car and motorcycle accidents
- Large truck and commercial motor vehicle accidents
- Defective products
- Defected drugs and medical devices
- Slip and falls, dog bites, and other premises liability issues
- Maritime injuries
- Workplace injuries
- Toxic exposure
How Can Our Wrongful Death Attorney Assist Your Family?
You can recover compensation for your loved one’s wrongful death with an insurance claim or lawsuit. However, securing awards requires proving that another party is responsible for your family member’s fatal injury and resulting damages. An attorney with our firm can build your case and handle your claim so that you can focus on your family and grieving your loved one.
Our wrongful death lawyer can:
- Investigate your loved one’s accident and determine who the liable party
- Obtain case evidence, including surveillance video, police reports, medical records, and eyewitness statements
- Calculate your damages
- File your insurance claim or lawsuit
- Track deadlines, handle case-related communications, and negotiate on your behalf
- Represent you at trial if necessary
Can You Afford Our Lawyer?
We strive to make our services affordable and accessible to everyone. We work on contingency, meaning our legal fees come from a percentage of your successful settlement or verdict. You owe us nothing up front, and we only get paid if we obtain compensation for you.
Contact Laborde Earles Injury Lawyers Before the Statute of Limitations Expires
Do not let Louisiana’s wrongful death statute of limitations expire. Otherwise, you may not be able to secure compensation. The sooner you contact Laborde Earles Injury Lawyers, the sooner our team can start collecting evidence and building your case.
Call us today to learn more about our services and take advantage of our free consultations.
