In most cases, the statute of limitations for wrongful death in Louisiana is just one year. This is among the shortest filing windows for wrongful death – or other types of personal injuries – nationwide. Under La. Civ. Code Art. 2315.2, survivors must initiate a Louisiana wrongful death lawsuit before the first anniversary of the decedent’s death.
Wrongful death damages are essential for many families after losing a loved one. This compensation helps them make ends meet and cover damages until they can get back on their feet. Damages are generally recoverable in any case where the victim would have had a valid personal injury claim if they had survived.
How Long You Have to Begin a Wrongful Death Lawsuit in Louisiana
The clock starts running on your wrongful death case on the date your loved one passes away. You generally have up to one year to file a lawsuit from that date. However, the facts that led to your family member’s passing may affect the time limit in your case.
Working with a wrongful death attorney and their legal team can help you understand and meet all the necessary deadlines. Filing on time is essential for protecting your right to sue – it ensures you can fight for the compensation your family needs and the justice your loved one deserves.
For a free legal consultation, call (800) 537-8185
Learning More About Louisiana’s Wrongful Death Laws
Under Louisiana’s wrongful death laws, there are also strict limits on who can begin an action and who can benefit from the proceeds of a settlement or verdict. In general, only the most immediate family members can represent the family and recover compensation in these cases. Qualifying loved ones may include the victim’s:
- Spouse and children
- Children alone, if there is no surviving spouse
- Parents, if there is no surviving spouse or children
- Siblings, if there is no surviving spouse, children, or parents
What You Could Recover in a Wrongful Death Case
The law allows those most affected financially and emotionally to recover compensation in a wrongful death claim or lawsuit. Recoverable damages could include:
- Medical care costs for any injuries treated before death, ambulance transportation, and other related expenses
- Funeral and burial costs
- Lost wages, benefits, and other income your loved one usually contributed
- Loss of services your loved one performed
- Loss of support for a spouse or children
- Emotional suffering and other intangible damages
Note that the exact type and amount of damages your family can recover depend on the specifics of your case. Our team can review the evidence and use it to establish the value of your case.
Knowing When Your Family Can Pursue Wrongful Death Damages in Louisiana
Many negligence accidents will support a personal injury or wrongful death case, depending on whether the victim survives their injuries or passes away. For example, cases our wrongful death attorneys handle often involve:
- Car crashes
- Truck accidents
- Drunk or drugged driving collisions
- Pedestrian and bicycle crashes
- Motorcycle accidents
- Plane crashes
- Boating accidents
- Construction site injuries
- Medical malpractice
- Birth injuries
- Nursing home abuse
- Defective products or pharmaceuticals
- Premises liability
If the victim would have qualified to recover a settlement or verdict for their damages, their family likely will, too. You can discuss this more with an attorney from our firm. We provide free case assessments.
How an Attorney Can Help with Your Wrongful Death Claim
When you pursue damages in a wrongful death claim in Louisiana, you need to pay close attention to the timeline and ensure the filing deadline doesn’t pass. This means preparing the case in a timely fashion. If you hire one of our attorneys for your case, we will ensure you meet all applicable deadlines.
We will also take many other steps to protect your rights and pursue the damages your family seeks. Our wrongful death services include:
- Investigating what happened, who is responsible, and any contributing factors
- Gathering and analyzing evidence to prove negligence and liability
- Identifying the liable parties
- Determining the insurance coverage available
- Valuing the case
- Demanding a just payout for the victim’s survivors
- Negotiating with the insurer
- Suing the at-fault party or parties if necessary
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When It May Be Necessary to Sue for Wrongful Death Damages
Many wrongful death cases settle before going to court. However, the reasons a lawsuit might be necessary include:
- The insurer will not agree to a fair settlement.
- They do not accept that their policyholder is liable.
- The deadline is too close to wait any longer.
- They blame the accident on the victim or another party.
An Attorney From Morris Bart, LLC, Will Assess Your Legal Options for Free
You can speak to a wrongful death lawyer from one of our seven Louisiana locations today for free. We provide complimentary case reviews and consultations. This conversation will focus on the accident and your loved one’s death, your rights, and your options for seeking compensation.
We will answer your questions and explain our services. Call (800) 537-8185 now to learn more.
Questions?Call (800) 537-8185
to find a Morris Bart office near you.