After losing a loved one, the last thing on most people’s mind is going to court. Closing out his or her estate and grieving is generally at the top of the list, and that is okay. If the deceased lost his or her life due to the negligent actions of another individual, filing legal claims may be on one’s radar, however. Wrongful death claims may be filed in such instances, but according to the state of Louisiana, one cannot wait forever to pursue this type of action.
Believe it or not, there is a statute of limitations on wrongful death claims. It is the same for most legal claims. Why? It is the state’s way of protecting those who may be held responsible, and it helps preserve evidence.
Currently, in Louisiana, the statute of limitations on wrongful death claims is only one year. That is a shorter time frame than what is offered in many other states. This means that a wrongful death claim must be filed within one year of the victim’s date of death. File just one day after, and it may be too late.
If the time limit has run out, it may be possible to seek an extension. There are three options for seeking an extension: tolling, judge approval and seeking opposing party approval. Whether Louisiana residents need to seek statute of limitations extensions or want to file wrongful death claims in court, they can turn to an experienced attorney who will be able to help them as they seek compensation for their losses.
Source: FindLaw, “Wrongful Death Claims: Time Limits and the “Discovery” Rule“, Accessed on Nov. 29, 2017