When Does the Statute of Limitations Start in a Wrongful Death Case in Louisiana?
Losing a loved one can be the hardest thing you’ll ever deal with. When your friend or relative dies from natural causes, it is difficult, but you will be able to grieve and move forward. But when someone is killed in some sort of accident, it is a bit different. In these situations, you don’t get to grieve in the normal fashion. You also have to deal with a whole host of issues that most people never have to deal with. For example, you may need to file a claim against someone’s insurance company. Even if they pay your claim, you’ll need to put up with a lot of red tape and waste a ton of time.
If your claim is denied, or if the person who killed your loved one doesn’t have insurance, it will be even harder. Therefore, it’s important that you call and talk to an experienced personal injury lawyer in Lake Charles, Louisiana. Not only can your lawyer help you get damages for your loved one, but they can negotiate with the insurance company on your behalf. This will allow you and your family to do what is needed at this trying time. You can focus on grieving and taking care of your family while your Lake Charles wrongful death attorney focuses on the legal side of things.
You Only Have One Year to File Suit for Wrongful Death in Louisiana
Every state has something called a statute of limitations. This is the deadline by which you need to file your wrongful death lawsuit. In Louisiana, you only have one year to do this. The one-year clock starts running on the day your loved one dies. A lot of people think they have a year from when they realize their loved one’s death was caused by someone’s negligence. However, you don’t want to take this chance. You need to start looking for a Lake Charles wrongful death lawyer as soon as possible after your loved one passes away.
Most states offer families at least two years to pursue their wrongful death claim. Louisiana has one of the shortest statute of limitations in the country. If you wait until the last minute to hire an attorney, you run the risk of having your claim dismissed. An experienced wrongful death lawyer in Louisiana will do whatever they can to get your family the compensation they deserve. They need as much time as possible to prepare your case.
Only Certain People Can File for Wrongful Death in Louisiana
Finding out that your loved one has been killed in an accident can be traumatic. Sadly, the law may add insult to injury if you find out that you aren’t eligible to file a lawsuit for wrongful death. Under Louisiana law, only the following people can file a wrongful death claim:
- The spouse of the decedent
- If there is no surviving spouse, the victim’s children can file suit
- If there are no adult children, the victim’s parents can file a legal claim
- If there are no other potential plaintiffs, the decedent’s siblings can file suit
You may notice, significant others and engaged partners do not have the standing to file suit for wrongful death statute in Lake Charles. This may not seem fair, but it is the law. In fact, this is the law in most states. And, if you don’t have standing, you can’t sue – it’s that simple. If you aren’t sure if you are eligible to file a legal claim, all and talk to an experienced wrongful death lawyer right away. They can answer any questions you may have. They can also give you an idea of who in the family can pursue justice for your loved one.
Call an Experienced Wrongful Death Lawyer in Lake Charles
If your loved one has been hurt or killed in any sort of accident, call our office. You need to talk to an experienced wrongful death attorney in Louisiana as soon as possible. A lot of people don’t realize that you only have a short time to file your claim for wrongful death. If you miss this deadline, you will be forever barred from pursuing justice.
Call today and schedule your free initial consultation with our office. Sit down with someone who has the kind of experience it takes to get your family the compensation they deserve. The initial consultation is free and you don’t pay anything until your case is resolved.