When you’re struggling with the loss of a loved one, filing a lawsuit may not be high on your priority list. Unfortunately, if the wrongful death statute of limitations passes, that option may no longer be available to you. Understanding how much time you have to file a wrongful death claim can help you pursue justice before the clock runs out. In this article, you’ll learn the statute of limitations for wrongful death claims in Louisiana and Texas, as well as who can file a claim, what types of damages you might receive, and what steps you should take when filing.
What Is Wrongful Death?
Wrongful death is a death that occurs as the result of someone else’s negligence, carelessness, or intentional actions. It’s similar to a personal injury claim in that a victim suffered harm due to another person’s choices. However, the person who files a claim for wrongful death is a family member rather than the victim.
It’s important to note the distinction between a wrongful death lawsuit vs survival action as this will determine what kind of claim you file. A wrongful death lawsuit compensates the surviving family members for their losses, while a survival action seeks compensation for the suffering the deceased experienced prior to their death.
Statute of Limitations and Executions for Wrongful Death in Louisiana and Texas
Although the statute of limitations for filing a wrongful death suit varies by state and case, it’s generally between one and six years and most often two or three years from the date of the victim’s death. A statute of limitations encourages victims to take legal action in a timely manner. Filing a claim after the statute of limitations expiration could result in you forfeiting the opportunity to fight for justice and recover your financial losses.
Louisiana’s Statute of Limitations
The Louisiana wrongful death statute of limitations is shorter than in many other states. Under Louisiana’s civil code Art. 2315.1, you have a year from the date of the person’s passing to file your claim. After that deadline, you can only file a case if you meet special criteria, such as if the claimant was a child when the death occurred.
Statute of Limitations in Texas
The wrongful death statute of limitations in Texas is two years. The time restriction under the state’s civil code typically begins from the date of your loved one’s death. The circumstances of your case may allow you to file a claim past this deadline, but the court may refuse to hear your case.
Eligibility and Recoverable Damages in Wrongful Death Claims
Wrongful death law is very specific in terms of who can file a claim and what types of damages they can seek. When you are deciding whether to file a claim, these are key points to consider.
Who Can File a Wrongful Death Claim?
Wrongful death lawsuits are unique in that the victim of the responsible party’s actions is no longer alive to file the claim. Laws for every state outline who has that right, but it’s usually close family members of the deceased, such as:
- Spouses
- Children
- Parents
- Siblings
- Grandparents
In most states, the rights of surviving spouses come first. For example, siblings may not file a claim if a surviving spouse has already done so. A representative or administrator of the deceased’s estate may file a claim if no family members have filed after three months.
Types of Damages
Claimants in wrongful death lawsuits can pursue compensation for a variety of damages. Many cases involve economic losses, such as:
- Funeral costs
- Medical bills
- Loss of household income and future income
- Loss of benefits, such as retirement funds
- Loss of inheritance
You may also have the option to claim non-economic damages, which compensate you for your emotional and psychological suffering. These might include loss of comfort and companionship and mental distress.
Steps to Filing a Wrongful Death Lawsuit
In addition to filing your claim before the statute of limitations on wrongful death in Texas and Louisiana expires, you will also need to follow a specific legal process. These are usually the steps to take:
- Speak to an attorney: First, seek guidance from someone who understands the legal complexities that surround wrongful death suits. A wrongful death attorney can walk you through your options and help you determine whether you have a valid claim.
- Obtain a death certificate: You will need a death certificate for the person you lost. This document shows the cause of death, which is a vital piece of evidence when arguing that another person was to blame.
- Investigate the events: When filing your claim, you will need to provide a detailed account of what occurred. Your attorney can obtain much of this information from documents, such as accident reports and photographs of the scene.
- File the complaint: Your attorney will complete the necessary paperwork with the court. They will also communicate with the other party’s attorney about the possibility of a settlement.
A wrongful death lawsuit can be a lengthy process, and this is only the beginning of the journey. From here, your attorney will work to demonstrate that the defendant in your claim was responsible for your loved one’s death.
Proving Fault in Wrongful Death Claims
The key to obtaining a fair settlement or verdict in a wrongful death case is illustrating that the other person was at fault. While that may initially seem easy, it requires extensive preparation and a thorough understanding of how the court evaluates negligence.
Proving Negligence
To prove the defendant was negligent, your attorney will need to show that they had a duty of care, meaning they owed the deceased a duty to act in a safe and responsible way. Next, the attorney must show that a breach of duty occurred because the person failed to fulfill that responsibility. Another core element in a wrongful death claim is causation, or proving that the other party directly caused your loved one’s death. Finally, the court has to see that the surviving family members experienced losses due to the death of their loved one.
The Role of Evidence
While investigating the specifics of your wrongful death claim, your attorney will collect multiple types of evidence, including medical records, police reports, and eyewitness accounts. This documentation is critical to proving negligence and verifying the victim’s cause of death. In addition, evidence such as medical bills and records of funeral expenses are important when calculating what damages you can claim.
Legal Representation in Wrongful Death Cases
Your wrongful death attorney will fight on your behalf, taking on essential tasks such as:
- Gathering evidence by requesting reports, speaking to witnesses, and reviewing documents
- Completing and submitting paperwork to the appropriate offices before the wrongful death lawsuit statute of limitations expires
- Communicating with the other party’s attorney
- Determining what damages you should receive based on the details of your claim
By managing your case from beginning to end, an attorney can minimize the time and effort that you have to expend on the process.
Potential Challenges in Wrongful Death Cases
One of the biggest obstacles in a wrongful death case is that the burden of proof is on you as the claimant. You have to show that your loved one’s death resulted from another person’s actions or neglect, which is often a difficult bar to meet. For example, while you might have evidence showing that the other party was driving while intoxicated and caused an accident, you’ll also need medical records and other evidence to show that the accident was directly responsible for your family member’s death.
Wrongful death claims also involve complex legal procedures that are difficult to undertake unless you have experience with this type of claim. You need to know what evidence to gather, how to calculate damages, and how to negotiate a settlement. You will also need to file the proper paperwork by the required deadlines for the court to consider your claim.
Emotional Support for Families After a Wrongful Death
Grief is emotionally and physically draining, and adding the stress of a wrongful death claim can make it harder for you to recover and move forward. While your attorney’s primary responsibility is to provide legal representation, you should also receive emotional support. That support looks different for each person. For some, it means getting quick answers to questions about the legal process. For others, it’s empathy when discussing the traumatic loss of your family member. Reassurance and kindness are core characteristics to look for when seeking an attorney.
Common Questions About Wrongful Death Statute of Limitations
What is the burden of proof for wrongful death?
The burden of proof in a wrongful death claim is on the claimant, which is usually the deceased person’s surviving family members. You must show evidence to demonstrate that the defendant’s actions were most likely the cause of your loved one’s death.
Is it hard to win a wrongful death lawsuit?
Proving that someone else’s choices led to the death of your loved one can be challenging. Working with a knowledgeable attorney who knows how to collect strong evidence, negotiate settlements, and make arguments in court is crucial to your chances of winning the case.
What is the most you can sue for wrongful death?
With the exception of medical malpractice cases, there is no cap on the amount of money you can seek for wrongful death in Texas or Louisiana. How much money you receive depends on the financial losses and non-economic damages that you experienced.
What are general damages for wrongful death?
During a wrongful death claim, you can seek economic and non-economic damages. These often include medical expenses, funeral costs, loss of income, and pain and suffering.
Navigating Wrongful Death Lawsuits and Time Limits
Filing a wrongful death claim can make an already difficult time more painful. An attorney can alleviate much of that burden, guiding you through the entire process before the wrongful death statute of limitations passes and you lose the right to seek compensation. Contact Morris & Dewett to discuss your wrongful death claim and learn more about the statute of limitations in Louisiana and Texas.
