Louisiana Wrongful Death Statute of Limitations

The aftermath of losing a loved one can be devastating. On top of navigating the loss emotionally, families are often left to deal with expensive bills and complicated arrangements. If their death was the result of someone else’s negligence, you may be able to alleviate some of these costs by filing a wrongful death claim. It’s important to know the Louisiana wrongful death statute of limitations if you plan to explore this route.

Fortunately, you don’t have to do it alone. In fact, it’s highly recommended that you work with a Louisiana wrongful death attorney who has experience working on these types of claims. Regardless, it’s imperative that you have a basic understanding of the state’s wrongful death laws.

Wrongful Death Statute of Limitations in Louisiana

It’s estimated that over 222,000 people die from unintentional injuries across the United States each year. In Louisiana, injuries are the leading cause of death for residents aged 1 to 44. Every year, more than 5,000 people die from an injury across the state. Wrongful death laws give the family of a decedent the chance to hold the responsible party accountable for their actions.

After losing a loved one, you have two avenues to explore to recover compensation on behalf of yourself and the decedent. Wrongful death claims allow family members to recover damages for their own losses regarding the passing of their loved one. These types of claims usually must be filed within one year of the victim’s passing. Surviving family members can recover:

• Burial and funeral costs
• Grief and mental anguish
• Loss of companionship
• Loss of the decedent’s income and benefits (health insurance, retirement, etc.)
• Pain and suffering

Survival actions allow people to recover damages on behalf of the decedent themselves. These types of claims essentially act as a continuation of the personal injury claim the victim never got to complete. Survival actions typically must be filed within two years of the incident or one year of the victim’s death. Of these two timeframes, the longest one is used.

Surviving family members can recover:

• Lost wages and earnings
• Medical expenses
• Other costs related to the victim’s care
• The victim’s pain and suffering

Filing a Wrongful Death Claim or Survival Action in Louisiana

Only certain family members may be eligible to file a wrongful death claim or survival action in Louisiana. Who is allowed to file depends on your unique family situation. Louisiana wrongful death laws typically follow this order for who can file:

1. Surviving spouse or children
2. Surviving parents
3. Surviving siblings
4. Surviving grandparents

If you’re seeking compensation after the death of a loved one, a Louisiana wrongful death attorney can navigate the process with you and work toward the maximum compensation for your losses.

The exact value of your claim varies based on what happened. It is also affected by the age of the victim and how much they suffered before they died. Their age and employment status factor into how much earning potential was lost as a result of their death.

FAQs

What Are the Most Common Causes of Wrongful Death Claims in Louisiana?

The most common causes of wrongful death claims are:

• Construction accidents
• Defective medical devices
• Medical malpractice incidents
• Premises liability incidents
• Product liability issues
• Traffic accidents
• Workplace injuries

The nature of the incident can impact how much you recover through your claim. Depending on when the victim died, you might have a certain deadline to file your claim. For more information on how to start a wrongful death claim, speak with a wrongful death attorney.

Do I Have to Hire a Wrongful Death Lawyer to File a Wrongful Death Claim in Louisiana?

You do not have to hire a wrongful death lawyer to file a wrongful death claim in Louisiana. You can technically represent yourself throughout the negotiations and possible litigation of a wrongful death claim. However, it’s highly recommended that you turn to a Louisiana wrongful death attorney for help. Your attorney can evaluate your case, navigate challenging negotiations, and represent your interests in court if it comes down to it.

How Much Does It Cost to Hire a Wrongful Death Lawyer in Louisiana?

How much it costs to hire a wrongful death lawyer in Louisiana depends on the value of your total settlement. You can typically expect a Louisiana wrongful death attorney to work on a contingency fee basis. They only get paid if they help you secure a settlement.

Even then, attorneys collect their fees directly from the settlement. This means that you don’t have to pay anything out of pocket. Your legal team is there to make things easier on you.

How Long Does It Take to Settle a Wrongful Death Claim in Louisiana?

How long it takes to settle a wrongful death claim in Louisiana can vary based on a number of different factors. Most injury and wrongful death claims settle out of court. The nature of the incident and the level of cooperation between parties can affect how long this process takes.

If negotiations are unsuccessful, you can expect to enter litigation to reach a resolution. Getting the court involved can delay the process significantly.

Hire a Wrongful Death Lawyer in Louisiana to Discuss Your Options in More Detail

Losing a loved one is never easy. At Jacqueline A. Scott & Associates, we understand that securing a settlement is not going to fix the situation. Nothing can bring your loved one back. Our goal is to help you hold the responsible party accountable for their actions and to take as much stress off your shoulders as possible as you navigate this difficult time.

Attorney Jacqueline A. Scott leads a skilled legal team that is dedicated to helping the clients who walk through our door. Over the years, we’ve recovered more than $500,000,000 for our clients through complex claims.

When you choose us as your Louisiana wrongful death attorneys, you’re choosing a firm that is recognized by state and national bar associations. If you’re ready to discuss your case in more detail, reach out to set up an appointment with a trusted attorney today.