How Long Do I Have to Make a Wrongful Death Claim?

The Louisiana civil code defines a statute of limitations of one year past the original death to file a wrongful death claim. It also stipulates a specific set and order of relatives who can file a claim:

• The deceased’s surviving children or spouse
• If there are no children or spouse, the deceased’s surviving parents
• If there are no children, spouse, or parents, the deceased’s surviving siblings
• If there are no children, spouse, parents, or siblings, the deceased’s surviving grandparents

The right to file a wrongful death claim is heritable, but it’s not extensible. That is, if the surviving children or spouse of the deceased die, their parents can bring the suit against the liable party. However, any wrongful death suit still must be filed within a year of the original death, or your case might not be heard.