When you are struggling with the loss of a loved one, filing a lawsuit may not be high on your priority list. Unfortunately, if the wrongful death statute of limitations passes, that option may no longer be available to you. Understanding how much time you have to file a wrongful death claim in Louisiana can help you pursue justice before the clock runs out. In this article, you will learn Louisiana’s statute of limitations for wrongful death claims, who can file a claim, what types of damages you might receive, and what steps you should take when filing.
What Is Wrongful Death?
Wrongful death is a death that occurs as the result of someone else’s negligence, carelessness, or intentional actions. It is similar to a personal injury claim in that a victim suffered harm due to another person’s choices. However, the person who files a claim for wrongful death is a family member rather than the victim.
It is important to note the distinction between a wrongful death lawsuit vs survival action, as this will determine what kind of claim you file. A wrongful death lawsuit compensates the surviving family members for their losses, while a survival action seeks compensation for the suffering the deceased experienced prior to their death.
Louisiana’s Wrongful Death Statute of Limitations
Under Louisiana Civil Code Art. 2315.1, you have two years from the date of the person’s passing to file your claim. The two-year period applies to deaths occurring on or after July 1, 2024; earlier deaths were subject to the prior one-year period. After that deadline, you can only file a case if you meet special criteria, such as if the claimant was a child when the death occurred.
Because time passes quickly while a family is grieving, it is critical to speak with an attorney early. Evidence is easiest to preserve close to the event, and waiting can put the deadline at risk.
Eligibility and Recoverable Damages in Wrongful Death Claims
Wrongful death law is particular in terms of who can file a claim and what types of damages they can seek. When you are deciding whether to file a claim, these are key points to consider.
Who Can File a Wrongful Death Claim?
Wrongful death lawsuits are unique in that the victim of the responsible party’s actions is no longer alive to file the claim. Louisiana law outlines who has that right, and it is usually close family members of the deceased, such as:
- Spouses
- Children
- Parents
- Siblings
- Grandparents
The rights of surviving spouses generally come first. For example, more distant relatives may not file a claim if a surviving spouse or child is able to do so.
Types of Damages
Claimants in wrongful death lawsuits can pursue compensation for various damages. Many cases involve economic losses, such as:
- Funeral costs
- Medical bills
- Loss of household income and future income
- Loss of benefits, such as retirement funds
- Loss of inheritance
You may also have the option to claim non-economic damages, which compensate you for your emotional and psychological suffering. These might include loss of comfort and companionship and mental distress.
Steps to Filing a Wrongful Death Lawsuit
In addition to filing your claim before the Louisiana statute of limitations expires, you will also need to follow a specific legal process. These are usually the steps to take:
- Speak to an attorney: First, seek guidance from someone who understands the legal complexities that surround wrongful death suits. A wrongful death attorney can walk you through your options and help you determine whether you have a valid claim.
- Obtain a death certificate: You will need a death certificate for the person you lost. This document reveals the cause of death, a vital piece of evidence when arguing that another person was responsible.
- Investigate the events: When filing your claim, you will need to provide a detailed account of what occurred. Your attorney can obtain much of this information from documents, such as accident reports and photographs of the scene.
- File the complaint: Your attorney will complete the necessary paperwork with the court. They will also communicate with the other party’s attorney about the possibility of a settlement.
A wrongful death lawsuit can be a lengthy process, and this is only the beginning of the journey. From here, your attorney will work to demonstrate that the defendant in your claim was responsible for your loved one’s death.
Proving Fault in Wrongful Death Claims
The key to obtaining a fair settlement or verdict in a wrongful death case is illustrating that the other person was at fault. While that may initially seem easy, it requires extensive preparation and a thorough understanding of how the court evaluates negligence.
Proving Negligence
To prove the defendant was negligent, your attorney will need to show that they had a duty of care, meaning they owed the deceased a duty to act safely and responsibly. Next, the attorney must show that a breach of duty occurred because the person failed to fulfill that responsibility. Another core element in a wrongful death claim is causation, or proving that the other party directly caused your loved one’s death. Finally, the court has to see that the surviving family members experienced losses due to the death of their loved one.
The Role of Evidence
While investigating the specifics of your wrongful death claim, your attorney will collect multiple types of evidence, including medical records, police reports, and eyewitness accounts. This documentation is critical to proving negligence and verifying the victim’s cause of death. In addition, evidence such as medical bills and records of funeral expenses is important when calculating what damages you can claim.
Common Questions About Louisiana’s Wrongful Death Statute of Limitations
What is the burden of proof for wrongful death?
The burden of proof in a wrongful death claim typically falls on the claimant, who is usually the deceased person’s surviving family members. You must show evidence to demonstrate that the defendant’s actions were most likely the cause of your loved one’s death.
Is it hard to win a wrongful death lawsuit?
Proving that someone else’s choices led to the death of your loved one can be challenging. Working with a knowledgeable attorney who knows how to collect strong evidence, negotiate settlements, and make arguments in court is crucial to your chances of winning the case.
What is the most you can sue for wrongful death in Louisiana?
With the exception of medical malpractice cases, there is no cap on the amount of money you can seek for wrongful death in Louisiana. How much money you receive depends on the financial losses and non-economic damages that you experienced.
Navigating Wrongful Death Lawsuits and Time Limits
Filing a wrongful death claim can make an already difficult time more painful. An attorney can alleviate much of that burden, guiding you through the entire process before the two-year Louisiana statute of limitations passes and you lose the right to seek compensation. Contact Morris & Dewett to discuss your wrongful death claim and learn more about the statute of limitations in Louisiana.