When a loved one dies, there are a lot of financial decisions that need to be made, which puts a lot of stress on families. When they decide to file a wrongful death lawsuit on behalf of the deceased, Louisiana only gives people one year from the time of their loved one’s death. A skilled wrongful death attorney could provide you with crucial information regarding the Iberville Parish wrongful death statute of limitations process so you could make an informed decision.
Deciding whether to file a wrongful death lawsuit depends on many factors. From a practical perspective, you may want to determine the potential financial rewards before making that decision. There is also an intense emotional component to the lawsuit. Additionally, a wrongful death claim could help you get a sense of justice and closure. Let a diligent attorney from Tomeny | Best be your advocate during this difficult time.
State Definition of Wrongful Death
Louisiana Civil Code § 2315.2 defines a wrongful death as when a person dies due to the fault of another.
The state establishes a priority list of people in Iberville Parish who can bring wrongful death claims according to the statute of limitations. Generally, the more likely it is that a person would be dependent on the deceased for income, the more likely it is that they can bring a wrongful death claim. The order of priority is as follows:
(1) The surviving spouse and child or children of the deceased, or either the spouse or the child or children.
(2) The surviving father and mother of the deceased, or either of them if he left no spouse or child surviving.
(3) The surviving brothers and sisters of the deceased, or any of them, if he left no spouse, child, or parent surviving.
(4) The surviving grandfathers and grandmothers of the deceased, or any of them, if he left no spouse, child, parent, or sibling surviving.
If a father or mother abandoned a person during childhood, they are generally not eligible to bring a claim. Additionally, a claim must be filed one year from the date of the death.
Homicide Statute of Limitations
In some wrongful death actions, a person may have criminal liability, and the two cases have different goals. A criminal prosecution punishes wrongdoing, which can result in jail time. These prosecutions are not limited to intentional acts. Negligence can support lower-level homicide claims, often known as manslaughter.
Although civil claims for wrongful death have a one-year statute of limitations, criminal prosecutions do not have the same limitation. If a person is unable to gather the evidence for a wrongful death claim, there is a chance that a deceased loved one may get justice through the criminal justice system.
Contact a Plaquemine Attorney About Your Wrongful Death Claims as It Applies to the Statute of Limitations
When you are unsure whether the Iberville Parish wrongful death statute of limitations has expired for your claim, you should speak with an experienced attorney from Tomeny | Best. Our legal team could examine the facts of your case and determine whether your claim still is applicable.
We would be happy to set up a free initial consultation at your convenience. Contact our firm to speak with a knowledgeable attorney about your case.
