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Statute of Limitations
Louisiana: 1 year from date of death
1 year from date of death (prescriptive period)
Where to File in Louisiana
Louisiana Civil Code art. 2315.2 creates the wrongful death cause of action and establishes a 1-year prescriptive period (the Louisiana term for statute of limitations) from the date of death. Louisiana uses its own civil law system — derived from French and Spanish law rather than English common law — making Louisiana wrongful death law unique in the nation. Louisiana imposes no cap on wrongful death damages. The Oil Patch industry, maritime activity, and Port of New Orleans generate significant workplace wrongful death cases. Orleans Parish Civil District Court (New Orleans) and East Baton Rouge Parish handle the highest volumes.
Exposure in Louisiana
Source: La. Civ. Code art. 2315.2
Source: Louisiana Courts