Wrongful Death Deadline vs. Personal Injury "Prescription"

By the FigureMyTax Editorial Team · How we calculate

Louisiana's civil law roots show up even in its deadline terminology — and both key timelines run on the same tight 1-year clock.

The same word, the same period

Louisiana's wrongful death deadline is 1 year from the date of death, under Civil Code article 2315.2(B) — the same general period that governs an ordinary personal injury claim under Civil Code article 3492. Louisiana calls this a prescriptive period rather than a statute of limitations, reflecting its civil law tradition derived from the Napoleonic Code, the only U.S. state built on that legal foundation rather than English common law.

Heritable, but not extendable

The wrongful death right of action is heritable — if an eligible beneficiary dies before pursuing the claim, it can pass to their own heirs. But that inheritance neither interrupts nor extends the underlying 1-year prescriptive period; the clock keeps running regardless.

Malpractice adds its own procedural layer

A wrongful-death action rooted in medical malpractice generally follows the same 1-year prescriptive period from the date of death, but malpractice claims against qualified providers carry their own additional procedural requirements — including the mandatory medical review panel process — that add steps beyond the deadline itself.

This is general information, not legal advice, and deadline rules allow little room for error. Confirm the exact deadline for your situation with a licensed Louisiana attorney immediately.