What Is The Deadline To File A Wrongful Death Lawsuit In Louisiana?
Louisiana law gives families a specific amount of time to file a wrongful death lawsuit. Under Louisiana Civil Code Article 2315.2, the deadline is generally one year from the death of the deceased or two years from the day the injury or damage is sustained, whichever is longer.
This rule is important because the date of the injury and the date of death may be different. If your loved one was seriously injured and died later, determining the correct filing deadline may require looking at both dates.
Losing someone you love is hard enough. Trying to deal with insurance companies, legal paperwork, and court deadlines while grieving can feel like too much. If you’re like most of us, you’ve never hired a lawyer before. And that can be a little scary.
Many families speak with a Louisiana wrongful death lawyer early, even if they are not sure whether they want to file a lawsuit. Getting answers quickly can help protect your rights before an important deadline passes.
Whether your loved one died after a car accident, truck crash, maritime or offshore accident, workplace incident, or another preventable event, understanding the Louisiana wrongful death statute of limitations is an important step in protecting your family.
Key Takeaways
- Louisiana's Wrongful Death Filing Deadline
Under La. C.C. art. 2315.2, a wrongful death claim prescribes one year from the date of death or two years from the day the injury was sustained, whichever is longer. Medical malpractice wrongful death claims still prescribe one year from the death.
- Wrongful Death and Survival Are Two Claims
Article 2315.1 creates a survival action for what your loved one suffered before death; article 2315.2 covers the family's own losses. Filing one does not preserve the other, and survival damages are often a large share of the case value.
- Settlement Talks Do Not Pause the Clock
Negotiating with an adjuster does not suspend prescription, and the adjuster has no duty to warn you the deadline is near. File late and the defense raises a peremptory exception of prescription, which usually ends the case no matter how strong the evidence.
What Is The Louisiana Wrongful Death Statute Of Limitations?
Louisiana Civil Code Article 2315.2(B) states:
“The right of action granted by this Article prescribes one year from the death of the deceased or two years from the day that injury or damage is sustained, whichever is longer.”
Louisiana law calls this type of deadline “prescription.” Under Louisiana Civil Code Article 3447, prescription is a period set by law for exercising a legal right. If the right is not exercised within the required time, it may be lost.
Wrongful death claims are governed by Louisiana Civil Code Article 2315.2. The law gives certain surviving family members the right to seek damages after a death caused by another person’s fault.
The deadline is not simply one year from death in every case. For claims governed by Article 2315.2(B), you must compare two periods: one year from the date of death and two years from the day the injury or damage was sustained. The longer period controls.
There is also an important exception for medical malpractice. Article 2315.2(F) provides a separate rule for wrongful death actions involving medical malpractice. Those actions prescribe one year from the death of the deceased.
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FREE Confidential Case Review (985) 240-9773When Does The Deadline Start In A Louisiana Wrongful Death Case?
For wrongful death claims governed by Article 2315.2(B), Louisiana law requires families to consider both the date of death and the date the injury or damage was sustained.
The law provides a deadline of:
- One year from the death of the deceased, or
- Two years from the day the injury or damage is sustained,
- Whichever period gives the claimant more time.
For example, suppose a person suffers fatal injuries in an accident and dies the same day. The two-year period measured from the injury would generally be longer than one year from death.
If the person survives for a substantial period after the original injury and later dies because of those injuries, one year from the date of death could provide the longer period.
The dates and facts matter. Families should not assume their deadline based only on the date of death or the date of the accident.
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FREE Confidential Case Review (985) 240-9773Can You Sue For Wrongful Death More Than One Year After A Death In Louisiana?
Yes, depending on the facts.
Article 2315.2(B) does not create a one-year-from-death deadline in every wrongful death case. It provides one year from death or two years from the day the injury or damage is sustained, whichever is longer.
This means some families may still have a valid wrongful death action more than one year after the death. The injury date, death date, type of claim, and other facts can affect the analysis.
Medical malpractice wrongful death claims are different. Article 2315.2(F) states the wrongful death action for medical malpractice prescribes one year from the death.
Families should also avoid assuming insurance negotiations protect the filing deadline. Speaking with an insurance adjuster or discussing settlement does not necessarily preserve the right to bring a lawsuit.
If prescription becomes an issue, a defendant may ask the court to dismiss the claim as prescribed. This is one reason it is important to have the attorneys of LJBLegal review the dates early.
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FREE Confidential Case Review (985) 240-9773Who Can File A Wrongful Death Lawsuit In Louisiana?
Louisiana Civil Code Article 2315.2 sets a specific order for who may bring a wrongful death claim.
The order is generally:
- The surviving spouse and child or children, or either the spouse or children
- The surviving father and mother, or either parent, if there is no surviving spouse or child
- The surviving brothers and sisters, or any of them, if there is no surviving spouse, child, or parent
- The surviving grandfathers and grandmothers, or any of them, if there is no surviving spouse, child, parent, brother, or sister
Article 2315.2 also contains rules concerning adoption and parents who abandoned the deceased during the deceased’s minority.
Determining who has the right to bring a claim can become difficult in blended families, adoption cases, and other family situations. The attorneys of LJBLegal can review the family relationships and determine who may have the right to bring the claim.
What Is The Difference Between A Wrongful Death Claim And A Survival Action?
Louisiana law may allow two separate claims after a fatal injury:
- A wrongful death action under Louisiana Civil Code Article 2315.2
- A survival action under Louisiana Civil Code Article 2315.1
These claims compensate for different losses.
| Claim Type | What It Covers |
|---|---|
| Wrongful Death Claim | Damages sustained by eligible surviving family members because of the death |
| Survival Action | Damages the deceased person suffered between the injury and death |
A survival action can be important when someone lived for a period after suffering a serious injury. Depending on the facts, damages may include the person’s pain and suffering, medical expenses, and lost earnings before death.
Wrongful death and survival actions are separate legal rights. Their prescription rules should be analyzed separately rather than assuming one deadline automatically applies to both claims.
What Damages Can Families Recover In A Louisiana Wrongful Death Case?
A Louisiana wrongful death action may allow eligible surviving family members to seek damages for losses caused by their loved one’s death. Depending on the facts, damages may include:
- Loss of financial support
- Loss of services
- Loss of love and affection
- Loss of companionship
- Loss of guidance
- Grief, anguish, and emotional suffering
- Other financial losses caused by the death
A related survival action may seek damages suffered by the deceased before death, including pre-death pain and suffering and certain medical expenses.
The value of a case depends on the facts, including the person’s age, income, family relationships, medical treatment, circumstances of the death, available insurance coverage, and evidence of fault.
What Happens During The Louisiana Wrongful Death Claims Process?
A serious wrongful death case often requires much more than submitting an insurance claim. Building the case may involve:
- Preserving evidence before it disappears
- Obtaining crash reports, medical records, and other documents
- Interviewing witnesses
- Reviewing electronic data, photographs, video, and surveillance footage
- Working with medical, financial, and accident reconstruction experts when needed
- Identifying every responsible person or company
- Calculating the family’s financial and personal losses
- Filing suit within the applicable prescription period
- Handling discovery and depositions if a lawsuit is filed
- Negotiating with insurance companies
- Preparing the case for trial when a fair settlement cannot be reached
You might not need to sue. Some cases can be resolved through a settlement. If an insurance company refuses to pay fair compensation, however, you want a legal team prepared to take the case to court.
Evidence can also disappear long before the filing deadline arrives. Electronic records may be overwritten, surveillance footage may be deleted, and witnesses may become harder to locate. Starting the investigation early can help preserve important evidence.
Why Should You Talk To A Louisiana Wrongful Death Lawyer Early?
You may not know whether you want to file a lawsuit. You may simply want to understand what happened, what your rights are, and how much time you have.
Speaking with the attorneys of LJBLegal early gives the legal team time to identify the correct deadline, preserve evidence, investigate fault, identify available insurance, and document your family’s losses.
Serious wrongful death cases can involve large insurance companies, trucking companies, corporations, medical evidence, financial experts, and disputes over who caused the death. These cases require more than a big name. They require a team with the experience and resources to build the case properly.
At LJBLegal, the attorneys personally investigate cases and work with qualified experts when needed. They prepare cases with settlement and trial in mind from the beginning.
The goal is to protect your family’s rights and pursue fair compensation while giving you clear answers about what comes next.
What Are Common Questions About Louisiana Wrongful Death Deadlines?
How long do you have to file a wrongful death lawsuit in Louisiana?
Under Louisiana Civil Code Article 2315.2(B), a wrongful death action generally prescribes one year from the death of the deceased or two years from the day the injury or damage is sustained, whichever is longer.
Is the Louisiana wrongful death deadline always one year?
No. Article 2315.2(B) provides one year from death or two years from the day the injury or damage is sustained, whichever is longer. Medical malpractice wrongful death actions have a separate rule under Article 2315.2(F).
What is the deadline for a medical malpractice wrongful death claim in Louisiana?
Louisiana Civil Code Article 2315.2(F) states the right of action for medical malpractice wrongful death actions prescribes one year from the death of the deceased.
Does inheriting a wrongful death action give the family more time?
No. Article 2315.2(C) states the wrongful death right of action is heritable, but inheritance neither interrupts nor prolongs the prescriptive period established by Article 2315.2.
Does negotiating with an insurance company extend the deadline?
Families should not assume settlement negotiations extend or preserve the applicable prescription period. The attorneys of LJBLegal can review the dates and circumstances to determine what filing deadline may apply.
What is Louisiana Civil Code Article 2315.2?
Louisiana Civil Code Article 2315.2 gives certain surviving family members a right of action to recover damages they sustained when a person dies because of another person’s fault. It also establishes the order of eligible family members and the prescription period for wrongful death actions.
Can a wrongful death lawsuit settle without going to trial?
Yes. A wrongful death claim may settle without a trial. If the insurance company will not offer fair compensation, the attorneys of LJBLegal can file suit and prepare the case for court.
How Can LJBLegal Help With A Louisiana Wrongful Death Claim?
Losing someone because of another person’s fault can change a family forever. No lawsuit can undo the loss, but protecting your family’s legal and financial future still matters.
Louisiana’s wrongful death deadline is not as simple as saying every family has one year from the date of death. Under Article 2315.2(B), the general rule is one year from death or two years from the day the injury or damage is sustained, whichever is longer. Medical malpractice wrongful death actions are subject to the separate one-year-from-death provision in Article 2315.2(F).
The attorneys at LJBLegal help families across Louisiana understand which deadline applies, investigate what happened, preserve evidence, and pursue compensation from the responsible parties.
If you have questions about how long you have to file a wrongful death claim in Louisiana, contact LJBLegal at 985-240-9773 for a free consultation.
