What Is the Statute of Limitations for Wrongful Death in Louisiana?
In Louisiana, the statute of limitations for wrongful death is generally 2 years under La. Civ. Code art. 2315.2(B).
Wrongful death Deadlines in Louisiana
How long do you have to file a wrongful death claim in Louisiana?
In Louisiana, the statute of limitations for wrongful death is generally 2 years under La. Civ. Code art. 2315.2(B). The full rule is: 1 yr from death or 2 yrs from injury (longer).
When does the clock start for wrongful death in Louisiana?
The LONGER of one year from the date of death or two years from the day the injury or damage was sustained.
Can the Louisiana deadline for wrongful death be extended?
Applies to deaths on or after July 1, 2024; earlier deaths fall under the former one-year-from-death rule. MEDICAL MALPRACTICE deaths are the exception: new art. 2315.2(F) routes them to La. R.S. 9:5628, so they still prescribe one year from death. The engrossed HB 291 read "two years from the death" — the enacted version is the longer-of formula. The survival action under art. 2315.1(A) follows the same rule.
Is the deadline different if the claim is against the government in Louisiana?
Often, yes. Generally 2 years, no universal notice requirement under La. Rev. Stat. § 13:5106 et seq.. Louisiana does not impose a short universal notice-of-claim deadline of the New York or New Jersey kind. Suits against the state and its political subdivisions run under La. R.S. tit. 13 ch. 5, with damages caps and venue restrictions that often matter more th…
How does Louisiana compare to other states for wrongful death?
Louisiana's 2 years is in the middle of the range nationally. Across the 50 jurisdictions with a verified figure, the deadline for wrongful death ranges from 1 year to 3 years, and 2 years is the most common. Compare all states →
What Does Wrongful Death Cover?
Situations that typically fall under the wrongful death deadline in Louisiana:
