The family of a man who allegedly died as the result of medical malpractice failed to file a wrongful death claim before the statute of limitations had passed. As a result, the Fifth Circuit Court of Appeal ruled that the deceased’s widow and surviving children could not bring claims against the providers who treated their loved one nor against the hospital where he died.
The 77-year-old man allegedly died from blood clotting in 2014 at a Louisiana hospital. The family tried to bring wrongful death claims 13 months after his death. Unfortunately for the family, their case was thrown out because the statute of limitations had expired.
If you lost a loved one as the result of substandard medical care and you want to file a claim, turn to The Bowling Law Firm. David A. Bowling is a wrongful death lawyer in New Orleans who will help you pursue the maximum compensation for medical bills, funeral costs, lost benefits, loss of companionship, and pain and suffering. Call (504) 586-5200 to schedule a case evaluation.
What Are the Statutes of Limitations for Personal Injury Claims in Louisiana?
Every state has its own time limits, or statutes of limitations, for filing various kinds of claims. In Louisiana, for example, accident victims usually have just one year to file a claim against the party liable for their injuries. This applies to injuries they incurred as the result of motor vehicle collisions, slip and fall accidents, product liability, and medical malpractice.
Family members who have lost a loved one due to someone else’s recklessness or negligence also have just one year to bring a claim against the responsible party. If you do not file your claim within this window, the Court of Appeal will likely throw out your case.
Are There Exceptions to the Personal Injury Statutes of Limitations?
The court recognizes that every personal injury case is different. As a result, there are some exceptions to the various deadlines that accident victims and grieving family members have to file a claim. It is essential that you understand these exceptions if you ever want to file a personal injury claim because Louisiana is one of three states with the shortest time limit in which to do so.
One exception has to do with minors and catastrophic injuries. If someone 17 years old or younger sustains permanently disabling injuries in a product liability case, the one-year deadline does not apply.
Additionally, if it has been more than one year since your injury but less than one year since you discovered the extent of the damages, you may be able to file a claim pursuant to the “discovery rule.” The only other exception relates to violent criminal offenses. In some cases, victims who sustain injuries at the hands of a violent criminal may have two years to file a claim.
If you think you have a valid personal injury or wrongful death claim, contact The Bowling Law Firm as soon as possible. David A. Bowling is a medical malpractice attorney in New Orleans who has more than 30 years of trial experience.