How Long Do Louisiana Families Have to File a Wrongful Death Claim?
Key Takeaways: Louisiana families usually have a short, strict window to file a wrongful death claim. Under the 2025 amendment to La. Civ. Code art. 2315.2(B), effective August 1, 2025, the deadline is generally one year from the death or two years from the day of the injury, whichever is longer. Medical malpractice wrongful death claims still expire one year from the death, and older deaths may still fall under the prior one-year rule. Five common mistakes can cause a claim to expire: assuming the deadline is longer than it is, confusing wrongful death claims with survival actions, waiting for another family member to act, relying on narrow exceptions like contra non valentem, and letting insurance talks drag on. To protect your family’s rights, write down the date of injury and the date of death separately, figure out who can file, and avoid giving recorded statements to insurers. A Louisiana wrongful death lawyer can help you determine the correct deadline and preserve evidence early.
Most Louisiana families have a short, strict window to file a wrongful death lawsuit. Depending on the facts, the deadline may run from the date of the injury or from the date their loved one died. For many years, Louisiana Civil Code art. 2315.2(B) said a wrongful death claim expires one year from the death. After a 2025 amendment effective August 1, 2025, art. 2315.2 now generally gives families one year from the death or two years from the day of the injury, whichever is longer. Wrongful death claims based on medical malpractice still expire one year from the death. Which version applies can depend on dates, so treat the deadline as urgent from day one. Families in New Orleans, Metairie, Mandeville, and Baton Rouge often ask us how they could miss a deadline like this. Grief, funeral planning, insurance calls, and family decisions fill the first months after a death. Below are five common mistakes that can cost families their claim, along with ways to protect your rights.
If you have lost a loved one in a crash or another preventable tragedy, Smiley Law Firm can help you understand your timeline. Call (504) 822-2222 or schedule a free consultation with our team to talk through your situation.
What Is the Louisiana Wrongful Death Statute of Limitations?
La. Civ. Code art. 2315.2(B) sets the Louisiana wrongful death statute of limitations, which controls how long eligible family members have to file suit. Because Louisiana is a civil law state, this deadline is called "liberative prescription." When a claim "prescribes," the deadline has passed, and the defendant can ask the court to dismiss the case, even if the claim would otherwise have been strong.
The rule has changed in recent years, which adds to the confusion. Act 423 (HB 315) of 2024 extended the deadline for most injury claims from one year to two years, effective July 1, 2024, going forward only. Wrongful death claims follow their own article. In 2025, the Legislature passed Act 176 (HB 291), which amended Civil Code Articles 2315.1(A) and 2315.2(B) and added Articles 2315.1(F) and 2315.2(F). These changes set deadlines for wrongful death and survival actions, including separate rules for medical malpractice. Because they generally do not apply to past events, both the date of death and the date of injury matter.
The table below gives a simple overview of the timing rules. It is a starting point only, since the correct deadline depends on the facts of each case.
| Situation | Governing Provision | General Timing Rule |
|---|---|---|
| Wrongful death claim (current law) | La. Civ. Code art. 2315.2(B) | Longer of one year from death or two years from the injury (medical malpractice claims: one year from death under art. 2315.2(F)) |
| Survival action (current law) | La. Civ. Code art. 2315.1(A) | Same longer-of rule, but a separate claim (medical malpractice governed by La. R.S. 9:5628) |
| Older deaths under prior law | Prior La. Civ. Code art. 2315.2(B) | One year from the date of death |
| General personal injury (injuries on or after July 1, 2024) | La. Civ. Code art. 3493.1 | Two years from the injury |
Mistake #1: Do You Assume the Deadline Is Longer Than It Is?
Many families assume they have several years to act because friends or relatives in other states did. Louisiana’s wrongful death deadline is still shorter than many states’. The new rules do not give unlimited time, and medical malpractice deaths still have a one-year deadline. One common error is assuming the two-year personal injury rule covers every death claim.
A two-year window can also pass faster than expected. Investigations, autopsy results, police reports, and insurance talks can take many months. In a fatal truck crash, building the case may require driver logs, black box data, and federal FMCSA records, and trucking companies do not have to keep some of those records forever.
💡 Pro Tip: Write down the date of the injury and the date of death separately. When those dates differ, such as when a loved one survived for weeks in the hospital, the gap can change the deadline.
Mistake #2: Are You Confusing a Wrongful Death Claim With a Survival Action?
Louisiana law treats wrongful death and survival actions as two separate claims. A wrongful death claim under La. Civ. Code art. 2315.2 pays surviving family members for their own losses, such as lost support and loss of love and companionship. A survival action under La. Civ. Code art. 2315.1 may recover the damages your loved one suffered before death, such as pain, suffering, and medical bills.
Why Does the Difference Matter for Deadlines?
Each claim stands alone, and filing one does not always preserve the other. A family focused only on its own losses may overlook the survival action, or the reverse. The Louisiana Law Review analysis explores how these actions developed and why their timing rules need careful attention.
Many families pursue both claims together when the facts support them. An attorney can check whether each claim is available and make sure both are filed on time.
Mistake #3: Is the Wrong Family Member Waiting for Someone Else to Act?
Louisiana law sets a strict order for who may file a wrongful death claim. Under La. Civ. Code art. 2315.2(A), the eligible groups are:
- The surviving spouse and children of the deceased
- The surviving father and mother, if there is no spouse or child
- The surviving brothers and sisters, if there is no spouse, child, or parent
- The surviving grandparents, if none of the above survive
How Does This Order Cause Delays?
Confusion over who has the right to sue can leave a family stuck. Parents may wait for a spouse to act, or adult children may assume a sibling is handling everything, while the deadline keeps running. You can read the full text of Louisiana’s wrongful death article to see how the law ranks each group.
Blended families, estranged spouses, and children from prior relationships can make things harder. These questions often need a lawyer’s review.
Mistake #4: Are You Relying on Exceptions That May Not Apply?
Louisiana has a rule called contra non valentem that can pause the deadline in limited cases. Courts have applied it when, for example, a defendant hid wrongdoing or a family could not reasonably have known about the claim. The rule is real, but you should not count on it.
How Strictly Do Courts Apply Contra Non Valentem?
Louisiana courts read exceptions to the deadline narrowly. Once a claim looks late on its face, the family usually must prove that an exception applies. It is far better to file within the standard period.
Mistake #5: Are You Letting Insurance Talks Run Out the Clock?
Talking with an insurance company generally does not, by itself, stop the deadline. In limited cases, such as when an insurer clearly admits fault, the deadline may be interrupted, but routine settlement talks usually do not count. Adjusters may sound kind, ask for more documents, or promise a fair offer soon, while the deadline gets closer.
Claims against government bodies can add more rules. If a city, parish, or state agency may share fault, such as for a dangerous road, special procedures and damage caps may apply on top of the regular deadline.
💡 Pro Tip: Before giving a recorded statement to an insurer after a fatal crash, consider speaking with an attorney. Insurers can later use statements made during grief to argue that your loved one was partly at fault. Under Louisiana’s 2025 comparative fault rule for claims arising on or after January 1, 2026, it can bar recovery entirely if the deceased is found 51% or more at fault.
How Can Your Family Protect Its Rights Starting Today?
One of the best ways to avoid these mistakes is to get legal help early. An attorney can determine your likely deadline, identify every eligible family member, and start preserving evidence before it disappears. Working with a Louisiana wrongful death lawyer can also let your family focus on healing.
Learning about the process can also help. Our team publishes guides on common legal mistakes that Louisiana families make after serious crashes and injuries. Every case is different, and an attorney can give advice that fits your situation.
Frequently Asked Questions
1. Is the Louisiana wrongful death statute of limitations one year or two years?
Under current La. Civ. Code art. 2315.2(B), effective August 1, 2025, the deadline is generally one year from death or two years from the injury, whichever is longer. Medical malpractice wrongful death claims still expire one year from death, and older deaths may fall under the prior one-year rule.
2. What happens if my family misses the filing deadline?
If the deadline passes, the defendant may ask the court to dismiss the case. In limited cases, rules like contra non valentem may pause the deadline, but courts apply them narrowly.
3. Can I file a wrongful death claim if I am the deceased’s sibling?
Possibly. Under La. Civ. Code art. 2315.2(A), siblings can generally recover only if there is no surviving spouse, child, or parent.
4. Do I need to file both a wrongful death claim and a survival action?
Not always, but many families pursue both because each may recover different damages. It depends on the facts of your loved one’s death.
Acting Early Gives Your Family More Options
Losing a loved one is devastating, and no family should lose its legal rights over a missed deadline. Each of the five mistakes above can cost a family its claim. Knowing the Louisiana wrongful death statute of limitations and acting early can help protect your family’s ability to hold the responsible party accountable.
Families across New Orleans, the North Shore, and all of Louisiana can turn to Smiley Law Firm for caring guidance. Call (504) 822-2222 or contact Smiley Law Firm today to schedule your free consultation.
Disclaimer: This content is for informational purposes only and is not legal advice. Every case is unique, and results may vary. Consult an attorney about your specific circumstances.