The statute of limitations, known as the prescription period in Louisiana, governs most civil lawsuits, and wrongful death actions are no exception. This legal deadline is strictly enforced, and failing to comply with it can have devastating consequences on your chances of recovering compensation.
When you are considering legal action, there is no time to delay. Failure to comply with the Prairieville wrongful death prescription period/statute of limitations can result in the dismissal of your case forever. A dedicated wrongful death attorney from Tomeny | Best could help ensure you comply with this deadline.
How Much Time Is There to File Suit?
Louisiana is known for its relatively short statutory periods. Whether it is a personal injury case or a wrongful death action, a person generally has one year to file a lawsuit. This one-year period for a wrongful death generally begins to count down on a person’s passing date.
It is helpful to remember that this will not always line up with the day an individual sustains a fatal injury or illness. Sometimes, a person may continue to live for weeks or even months before passing away. The consequences of noncompliance with the wrongful death statute of limitations are serious in Prairieville. A judge will likely have little choice but to dismiss a case with prejudice when it is filed after the deadline. This type of dismissal prevents a person from ever bringing their lawsuit again.
Purpose of the Statute of Limitations
This legal deadline exists for a reason. In Louisiana and throughout the country, jurisdictions have enacted this statute to prevent significant delays between a person’s death and the lawsuit related to their passing.
The more time passes, the harder it becomes to shape a viable defense. Witnesses forget or move away, and physical evidence can become lost over the years. Requiring a person to file their suit in a relatively short amount of time also prevents the courts from becoming overwhelmed by sudden influxes of legal actions. The statute of limitations primarily protects a defendant from being blindsided by years-old claims, making it crucial for a prospective Prairieville plaintiff, or person bringing a wrongful death claim, to stay on top of the deadline.
Complying With the Deadline
Having a calendar year from the date of a person’s passing to file a wrongful death action might feel like plenty of time. However, it is one of the shortest statutory periods in the United States. It can take time to bring a lawsuit, including investigating the cause and identifying all the responsible parties.
Taking immediate action is essential, as a delay will only work against the person bringing the claim. Waiting until the last moment to file the lawsuit increases the risk of something unexpected that prevents the case from being filed in court. The support of a dedicated Prairieville attorney is one of the best ways to ensure compliance with the statute of limitations/prescription period in a wrongful death case. The sooner a lawyer from our firm is able to review the facts, the better the odds of complying with the deadline become.
Talk to a Prairieville Attorney About the Wrongful Death Statute of Limitations
The loss of a family member is one of the most challenging things you are likely to face. This is especially true when an act of negligence is responsible for their passing.
When you are considering legal action, you must understand the Prairieville wrongful death statute of limitations. Call our legal team at Tomeny | Best today to learn more about your options during a free consultation.
