Wrongful Death Statute of Limitations in Louisiana
Last verified 2026-07 · Source: La. C.C. Art. 2315.2 ✓ verified · 3 sources
The deadline
1 year
from Date of death (1 year) or date of injury/damage sustained (2 years), whichever period is longer, under La. C.C. Art. 2315.2.
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The deadline to file a wrongful death lawsuit in Louisiana is 1 year, set by La. C.C. Art. 2315.2. It starts running on Date of death (1 year) or date of injury/damage sustained (2 years), whichever period is longer. This page covers the exceptions, the government-claim trap, and the steps to take before time runs out.
Louisiana Deadlines for Related Claims
| Claim type | Deadline | Statute |
|---|---|---|
| Wrongful Death | 1 year | La. C.C. Art. 2315.2 |
| Car Accident | 2 yrs | La. Civ. Code art. 3493.1 |
| Credit Card Debt | 3 yrs | La. Civ. Code art. 3494 |
| Medical Malpractice | 1 yr | La. R.S. 9:5628(A) |
| Personal Injury | 2 yrs | La. Civ. Code art. 3493.1 (Acts 2024, No. 423, eff. July 1, 2024) |
| Dog Bite | 1 yr | La. Civ. Code Ann. art. 2321 |
| Slip and Fall | 2 yrs | La. Civ. Code art. 3493.1 |
| Defamation | 2 yrs | La. Civ. Code Ann. art. 3493.1 |
| Breach of Contract | 10 yrs | La. Civ. Code art. 3499 |
| Medical Debt | 3 yrs | La. Civ. Code Art. 3494 |
When the Clock Starts
In Louisiana, the limitations period for wrongful death claims generally begins on Date of death (1 year) or date of injury/damage sustained (2 years), whichever period is longer. Louisiana does not apply a general discovery rule to this claim type — the date of the event controls, which makes early action critical.
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Exceptions That Can Extend the Deadline
- Minors: the clock is generally paused while the injured person is under 18.
- Fraudulent concealment: if the defendant actively hid the wrongdoing, the deadline may be extended until it was or should have been uncovered.
- Defendant leaves the state: absence can pause the clock in many circumstances.
- Government-claim trap: No pre-suit notice requirement. Claims against state entities governed by La. R.S. 13:5101 et seq. (Governmental Claims Act) but no separate notice period beyond the standard prescriptive period. Suits against state must be filed in proper venue.
- Damage caps: No general cap on wrongful death damages. Medical malpractice wrongful death limited by La. R.S. 40:1231.2 ($500,000 + past/future medical expenses).
Prescriptive period (not statute of limitations). Priority hierarchy of claimants: (1) spouse and/or children, (2) parents, (3) siblings, (4) grandparents. Survival action is separate under CC Art. 2315.1. Medical malpractice wrongful death has strict 1-year-from-death period only. Right of action is heritable. Parents who abandoned the deceased during minority are barred. Prescription suspended for minors under La. CC Art. 3469.
Source: La. C.C. Art. 2315.2, official Louisiana statute · verified 2026-07
What to Do Before the Deadline Runs
- Pin down your accrual date — the day the clock started — and calendar the deadline conservatively.
- Preserve evidence now: photos, records, witness contacts, bills. Evidence decays faster than deadlines.
- Send preservation/notice letters where required (especially for Louisiana government defendants).
- If the deadline is inside 6 months, treat it as urgent — filing suit is the only reliable way to stop the clock.
How Louisiana Compares to Nearby States
| State | Deadline | Statute |
|---|---|---|
| Louisiana | 1 year | La. C.C. Art. 2315.2 |
| Texas | 2 yrs | Tex. Civ. Prac. & Rem. Code § 16.003 |
| Arkansas | 3 yrs | Ark. Code Ann. § 16-62-102 |
| Mississippi | 3 yrs | Miss. Code Ann. § 11-7-13; § 11-1-60 |
Frequently Asked Questions
How long do I have to file a wrongful death lawsuit in Louisiana?
You have 1 year from Date of death (1 year) or date of injury/damage sustained (2 years), whichever period is longer, under La. C.C. Art. 2315.2.
Can I still sue after 1 years in Louisiana?
Usually no — courts dismiss claims filed after the statute of limitations expires. Narrow exceptions (tolling for minors, fraudulent concealment) can extend the deadline; whether one applies depends on your facts.
What if the victim was a minor?
Louisiana generally pauses ("tolls") the deadline while the injured person is under 18, giving them time to file after reaching adulthood. Special limits can still apply, so check the statute.
Is the deadline different for claims against the government?
No pre-suit notice requirement. Claims against state entities governed by La. R.S. 13:5101 et seq. (Governmental Claims Act) but no separate notice period beyond the standard prescriptive period. Suits against state must be filed in proper venue.
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Sources
- Official Louisiana Civil Code Art. 2315.2 - Wrongful Death Action
- Corroborating FindLaw - Louisiana Civil Code Art. 2315.2
- Corroborating Nolo - Wrongful Death Lawsuits in Louisiana
- Verified 2026-07 under our 4-step process — every line checked against the sources above. How we verify
This page is legal information, not legal advice. Deadlines have exceptions that depend on your facts — confirm with a licensed Louisiana attorney.