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Serious Injury Claims

What’s the statute of limitations on a wrongful death suit?

| Feb 24, 2021 | Wrongful Death |

If your loved one died of a preventable accident in Louisiana, you’ll have to file a wrongful death suit as soon as possible. Wrongful death suits have a statute of limitations–if you miss the date, you’ll lose your chance to file even if the other party was at fault. Filing at the soonest opportunity might help you and your family members get closure.

What is the statute of limitations on a wrongful death suit?

When you’re grieving the loss of a loved one, getting involved in a legal battle might be the last thing on your mind. However, you only have one year to file a wrongful death lawsuit. If you don’t file within a year, you won’t be able to file at all.

A wrongful death attorney could tell you if you’re eligible to file or not. In the state of Louisiana, the individual’s spouse and children have the first shot at filing a wrongful death lawsuit. If the individual didn’t have a spouse or children, their parents can file a suit. After that, the rights go to their siblings and grandparents. This includes blood relatives as well as legally adopted relatives.

How do you file a wrongful death lawsuit?

Filing a wrongful death lawsuit isn’t about “getting back” at the other party–it’s about holding them accountable for their behavior and sending a message that warns other people not to do the same thing. The settlement from a successful lawsuit could also help you pay for surprise expenses like medical bills and funeral costs.

An attorney could help you prepare a wrongful death lawsuit. To be successful, you’ll have to prove that the other party had some kind of responsibility toward your loved one. You’ll also have to prove that their actions directly caused your loved one’s death, even if it was unintentional.