Louisiana · Death claim: who can ask for help?
Death claim: who can ask for help?
See If You Qualify
Free · No obligation · About 2 minutes
Updated
01 · Your filing deadline
What is the deadline in Louisiana?
Louisiana: 1 year from the death or 2 years from the injury, whichever is longer A lawyer can confirm yours.
Deadlines vary; a lawyer can confirm yours. An older diagnosis or a past filing window does not, by itself, establish whether you have a claim.
02 · Where cases are heard
Where would my case be heard?
Louisiana's prescriptive period (statute of limitations) for wrongful death claims is 1 year from the death or 2 years from the injury, whichever is longer (La. Civ. Code art. 2315.2, as amended by Acts 2025, No. 176); medical malpractice deaths have 1 year from the death. Whether that time has passed depends on your facts, so don't rule yourself out. A lawyer can tell you. Louisiana's Civil Code sets no general cap on wrongful death damages, but some claims are capped by statute, such as medical malpractice claims against qualified health care providers (La. R.S. 40:1231.2).
Louisiana Civil Code art. 2315.2 creates the wrongful death cause of action and sets its prescriptive period (the Louisiana term for statute of limitations): 1 year from the death or 2 years from the injury, whichever is longer, and 1 year from the death for medical malpractice deaths (Acts 2025, No. 176, eff. Aug. 1, 2025). 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's Civil Code sets no general cap on wrongful death damages, but some claims are capped by statute, such as medical malpractice claims against qualified health care providers (La. R.S. 40:1231.2). 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.
How this works nationally
For the overall process and updates, read the Death claim: who can ask for help? overview. This page covers the local information available for Louisiana.
What happens when I check?
You answer a few short questions about what happened. If you send them, your answers are kept on file. If a participating law firm takes these cases, it may contact you. People's Justice is not a law firm.
Live in Louisiana? Read what applies in your state.
Register your interest. If a participating law firm takes these cases, it may contact you.
Register your interest