The Law Offices of Brent J. Rhodes

Connect with an Experienced Personal Injury Attorney Today

Call for free consultation: 985-262-7799

The Law Offices of Brent J. Rhodes

Connect with an Experienced Personal Injury Attorney Today

Call for free consultation: 985-262-7799

Your Advocate In
Serious Injury Claims

Don’t wait too long to file that wrongful death claim

| Oct 16, 2020 | Wrongful Death |

The loss of a loved one in a car crash in Houma is a devastating experience. Not only is there the emotional trauma of having to face a future without your loved one, but you could also be facing serious financial worries. There are funeral expenses to contend with, you may be without a significant source of income — especially if the deceased was the main income earner for the family — and there is the emotional trauma of facing a future without your loved one in it.

In such situations, the deceased’s survivors may choose to pursue a wrongful death claim against the person responsible for their loved one’s death. However, they should not wait too long to do so, due to Louisiana’s “statute of limitations

What is the statute of limitations in Louisiana?

In Louisiana, a person wishing to pursue a wrongful death claim has one year to do so. If a person does not file a wrongful death claim within that time period, they are barred from ever doing so, even if such a claim would have been justified.

When does the clock start ticking on the statute of limitations?

In general, the statute of limitations begins running when the victim dies. However, some states have a “discovery rule” in which a claim can be brought after the statute of limitations has run if the claim would be destroyed before the death could reasonably have been discovered.

Pursuing a wrongful death claim can be complex

Ultimately, every wrongful death case is unique. This post does not offer legal advice and cannot be applied as such to any specific person’s wrongful death claim. Houma area personal injury attorneys may be a useful resource to those who are wondering how the state’s statute of limitations laws apply to them.