By the Law Firm of Brandt & Sherman

Key Takeaways

• Louisiana generally allows families one year from the date of death to file a wrongful death claim.
• The deadline is strict and usually begins on the date of death, not the date of the accident.
• Only certain family members are legally eligible to file a wrongful death claim.
• Missing the filing deadline can permanently bar a family from recovering compensation.
• Speaking with an attorney early can help protect your family’s rights and preserve evidence.

Losing a loved one unexpectedly is one of the most difficult experiences a family can face. When a death is caused by someone else's negligence or misconduct, Louisiana law allows surviving family members to pursue a wrongful death claim. However, these claims must be filed within a specific legal deadline known as the statute of limitations.

Understanding this deadline is critical. Missing it can prevent a family from recovering compensation entirely, regardless of how strong the case may be.

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

Louisiana has one of the shortest deadlines in the country for wrongful death cases.

The statute of limitations is one year from the date of death.

This means a lawsuit must be filed within one year, not from the date of the accident, but from the day the person passed away. If a family waits longer than one year, the court will almost always dismiss the case.

For more details about these types of cases, visit the firm’s Wrongful Death page.

Who Is Allowed to File a Wrongful Death Claim?

Louisiana law outlines a specific order of individuals who may file a wrongful death claim. More information is available on the firm’s Who Can File a Wrongful Death Claim in Louisiana? page.

In general, the eligible parties include:

1. Spouse and children
2. Parents, if there is no surviving spouse or child
3. Siblings, if there are no parents
4. Grandparents, if none of the above exist

Adoptive family relationships are treated the same as biological ones.

What Types of Incidents Can Lead to a Wrongful Death Claim?

A wrongful death claim may arise from many forms of negligence or misconduct, including:

• Serious car accidents
• Drunk driving crashes
• Workplace accidents
• Defective products
• Dangerous property conditions

Many wrongful death cases involve fatal vehicle collisions. For more information about these types of incidents, visit the firm’s Car Accidents page.

What Damages Can Families Recover in a Wrongful Death Claim?

Compensation in a wrongful death case may include:

Economic damages

• Funeral and burial expenses
• Medical bills related to the final injury or illness
• Loss of financial support and benefits
• Loss of household services

Non-economic damages

• Loss of love, companionship, and guidance
• Emotional suffering and grief
• Loss of enjoyment of life

The value of a wrongful death claim depends on the degree of financial and emotional loss suffered by survivors.

Why the Deadline Matters So Much

The one-year statute of limitations is strict and rarely extended. Even if:

• The family did not yet understand the full cause of death
• A criminal case is still ongoing
• An insurance investigation is still happening

The civil deadline does not pause. Families should take action as early as possible to protect their rights and allow time for investigation.

What Should Families Do If They Believe They Have a Wrongful Death Claim?

1. Gather documentation

This may include medical records, accident reports, funeral expenses, and witness information.

2. Avoid discussing the case with insurance companies

Anything said to an insurer may be used to reduce the value of the claim.

3. Contact an attorney early

Wrongful death cases require investigation, expert analysis, and careful legal preparation. Starting early helps preserve evidence and ensures the claim is filed before the deadline.

When to Contact Brandt & Sherman

Families dealing with a wrongful death case should not face the legal process alone. An attorney can handle insurance companies, gather evidence, calculate damages, and ensure the claim is filed on time.

Free Consultation With Brandt & Sherman Injury Lawyers

If you lost a loved one due to someone else's negligence, our team is here to help guide you through the legal process and protect your family’s rights. Reach out through our contact page to schedule a free consultation.