The lawyers of Harrell & Nowak are here in New Orleans for accident victims and their loved ones. We know just how much of an impact a tragic accident can have on people, which is especially true when the accidents are fatal. In such cases, filing a wrongful death lawsuit is imperative to receive just compensation and help ensure that justice is served.
Our legal team would like to take a few moments right now to consider the nature of wrongful death lawsuits, with a special focus on the statute of limitations in these cases and why the loved ones of an accident victim should act quickly when seeking justice.
What is a statute of limitations?
A statute of limitations refers to a set amount of time in which a lawsuit or legal motion can be initiated. The nature of the incident will determine the length of this timeframe. In addition, the statute of limitations can vary from state to state based on their laws.
What happens if the statute of limitations passes?
If a statute of limitations passes, a legal proceeding cannot be initiated and is thus considered invalid.
With that in mind, there are certain offenses that do not have a statute of limitations, though these tend to be acts of fraud against the court of law or actions of a severe and/or heinous nature, such as murder (particularly in the first-degree) and crimes against humanity.
What is the statute of limitations on wrongful death lawsuits in the state of Louisiana?
In the state of Louisiana, family members and select loved ones of the deceased have one year from the date of the incident to file their lawsuit. This timeframe generally begins from the date of the victim’s death. Obviously it is best to file the lawsuit sooner in order to set the wheels of law in motion.
Why are statutes of limitations in place?
Statutes of limitations are in place in order to ensure that the evidence in a given legal case is still sound. It also helps ensure that any witness recollection and testimony remains as unaffected by lapses in memory and general forgetfulness over time.
While the statute of limitations may seem like a detriment to some people who do not act in time to file a case, it really serves to benefit the loved ones of the deceased to ensure that their case is as fair as possible. This is one means of making sure that the system works for victims and their loved ones.
Be Sure to Speak with Wrongful Death Attorneys as Soon as Possible
Even though you have a year to file a wrongful death case, as we noted above, it’s important that you speak with qualified legal representatives as soon as possible to get the legal process in motion.
Our legal team will be able to navigate the legal system for you, allowing you to have the peace of mind necessary to concentrate on coping, grieving, and mourning. We will seek compensation to cover the emotional pain and suffering that you have experienced and to help cover the loss of companionship that has occurred because of your misfortune. We are on your side.
Discuss Your Case with Skilled Wrongful Death Attorneys
If you would like to learn more about wrongful death lawsuits, it’s important that you contact our personal injury law firm today. The team at Harrell & Nowak is committed to clients and helping them receive just compensation following any sort of serious accident.