Wrongful Death Prescription

In Louisiana, we have a very short time limit of only 1 year in which to file a wrongful death claim due to an accident. In most cases, if you fail to file the proper papers by the 1st anniversary date of the accident, you lose all your rights forever, no matter what. In Louisiana, that time limit is called "Prescription," and it's equivalent to the term "Statute of Limitations" used in other states.

While some states allow people many years to file a claim, in Louisiana, you've got to file a petition for damages within 1 year of the accident. And if you don't, you have no case. It becomes "Prescribed!"

But like many laws, there are notable exceptions to the one year rule such as in medical malpractice actions, where that 1 year time limit can extend to 3 years.

But don't guess. Find a good lawyer, and ask. Know your rights.

I'm Greg DiLeo, and this has been "Your Legal Minute."

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