How Long Do You Have to File a Wrongful Death Lawsuit in Louisiana?

Losing a loved one to an unexpected accident is hard enough. Realizing you need to take legal action before you’ve even had time to grieve is worse. One of the most asked questions is always “How long do you have to file a wrongful death lawsuit in Louisiana?” The law sets strict time limits on how long you must file, and missing that window means losing your chance to get the compensation you need to move forward with your life.

About Us

At Knightshead Law Firm, we bring more than 15 years of dedicated legal experience to every case we handle. Our approach blends practical knowledge with genuine compassion. That way, we can make sure you feel supported and informed while we work toward the most favorable outcome for your situation.

Louisiana Wrongful Death Laws and Deadlines

Louisiana’s wrongful death laws decide who can file a claim, what damages can be recovered, and the strict timeframe you have for acting. In most cases, surviving family members have one year from the date of their loved one’s death to file a wrongful death claim.

Missing this short deadline usually means the court won’t hear the case at all, even if you have very strong evidence. Because the time frame is so short, it’s important for families to speak with an experienced wrongful death attorney as soon as they can.

What Damages Can Be Recovered?

Of the 62 million Americans who got treated for preventable injuries in the United States in 2023, over 222,500 resulted in wrongful deaths, with over a third of those attributed to medical malpractice.

Understanding what kinds of damages you could recover is sometimes enough for those who think filing a claim might not be worth the hassle to change their minds. Some potential damages could include:

• Medical bills received before death
• Expenses related to the funeral and burial
• Loss of income because of the loved one’s death
• Loss of partnership
• Emotional anguish of surviving family members

Recovering these damages can help provide some small bit of stability during an incredibly difficult time. An experienced wrongful death attorney can calculate the full scope of your losses, gather supporting evidence, and advocate for compensation that truly reflects the impact on your family.

Why the One-Year Deadline Matters in Louisiana

While it’s completely normal to need time to process the loss and the grief, waiting too long can put your case at risk.

Evidence can disappear, witness memories fade, and insurance companies could take advantage of any delay to claim you might not need the money.

Because Louisiana wrongful death laws are complicated and highly specific, having professional guidance from the start is essential. Working with an experienced wrongful death attorney helps make sure your case moves forward, that deadlines are met, and that your family’s rights are fully protected.

Exceptions to Louisiana’s Wrongful Death Claim Filing Deadline

While the one-year statute of limitations for wrongful death cases in Louisiana is firm, there are a few limited exceptions that could extend the filing period. These situations are uncommon and usually require strong evidence to prove, but it’s important for families to be aware of them. Some examples where the deadline might be extended include:

• An exception could apply if the cause of death wasn’t immediately apparent, like in cases where negligence or injury is discovered later.
• Another exception could apply if the person or party responsible concealed evidence or misled investigators about the circumstances surrounding the death.

Because exceptions to the filing deadline are rare, consulting an experienced wrongful death attorney can help you figure out if an exception might apply to your case. If it does, they can guide you through the process and make sure your claim is filed on time.

Hire a Wrongful Death Lawyer

At Knightshead Law Firm, we step in to uncover the truth, gather evidence, and move your claim forward within Louisiana’s strict deadlines.

As a local firm, we understand the courts and communities where your case is heard. We regularly represent families in the 19th Judicial District Court in Baton Rouge, the 23rd Judicial District Court in Ascension Parish, and the East Baton Rouge Parish Family Court.

Our familiarity with these courthouses, the judges, and opposing counsel allows us to anticipate challenges and tailor strategies that give our clients an advantage. We take pride in helping families across Louisiana fight for the justice and compensation they deserve.

FAQs

Can More Than One Family Member File Separate Wrongful Death Claims in Louisiana?

More than one family member cannot file separate wrongful death claims in Louisiana. There can only be one wrongful death action, and it needs to be filed on behalf of all eligible beneficiaries. If multiple family members qualify, they’re considered joint plaintiffs in the same case. This structure avoids conflicting claims and makes sure the damages are divided among beneficiaries according to the law, not separate verdicts.

How Do Wrongful Death Claims Differ from Survival Actions in Louisiana?

Wrongful death claims differ from survival actions in Louisiana in the following ways. A wrongful death claim compensates surviving family members for their personal losses, such as grief, loss of financial support, and companionship. A survival action allows the estate to go after damages the deceased could have claimed if they’d lived, like pain and suffering. Both actions can be filed simultaneously, but they’re legally distinct.

Can Wrongful Death Cases Settle Outside of Court?

Wrongful death cases can settle outside of court. Many wrongful death cases in Louisiana are resolved through settlements as opposed to through a trial. Settling can provide faster financial relief and spare families the stress of litigation. However, insurance companies could offer less than what’s fair. If that happens, your claim might have to be litigated.

Does Filing a Wrongful Death Claim Affect Life Insurance Benefits?

Filing a wrongful death claim doesn’t affect life insurance benefits. Life insurance is a contractual benefit that’s separate from legal claims against a negligent party. Families can pursue both simultaneously. In fact, combining benefits from insurance and a wrongful death claim often provides the most complete financial recovery after a tragedy. A wrongful death attorney can coordinate both to avoid delays or disputes.

Louisiana Wrongful Death Lawyer

The pursuit of justice after a loved one’s passing is one of the most difficult challenges a family can face. That’s why the team at Knightshead Law Firm is committed to guiding families through this painful process with compassion and determination.

Contact us today to schedule a consultation.