According to Louisiana State Law Article 2315.2 any actions must be made within
“one year from the death of the deceased.”
This article means that lawsuits must be filed within a year, although it could take years to actually complete litigation and receive compensation. A wrongful death action is permissible in the state of Louisiana “if a person dies due to the fault of another”. The law also provides limits on who can file a lawsuit on behalf of the deceased. The one year limitation applies to malpractice, product liability, premise liability and personal injury.
If you suspect your loved one is the victim of wrongful death it is important to talk to an attorney as soon as possible. Once the statute of limitations has passed you will not be able to sue an individual or company for compensation. As many victims’ families learn it can be very expensive to take care of a loved one who has been injured. An attorney will be able to determine if your case is viable and how long you have to file your suit.
What types of compensation does the law allow?
A wrongful death claim can include medical expenses, loss of income, loss of opportunity, pain and suffering, emotional damage and loss of companionship. Learn more about compensatory damages. The law also allows a wrongful death victim’s estate to pursue punitive damages that may go above and beyond compensation.
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