This bill amends and reenacts specific provisions of the Louisiana Civil Code regarding the prescriptive periods for survival and wrongful death actions. It establishes a prescriptive period of two years from the date of death of the deceased or two years from the day that injury or damage is sustained, whichever is longer. This change applies to Civil Code Article 2315.1(A) and Article 2315.2(B), which govern survival and wrongful death actions, respectively. Additionally, the bill introduces new provisions in Articles 2315.1(F) and 2315.2(F) that specifically address the prescriptive periods for medical malpractice actions, stating that such actions will prescribe one year from the death of the deceased.
The bill aims to clarify and standardize the timeframes within which individuals can file claims for damages related to wrongful death and survival actions, particularly in cases of medical malpractice. By establishing these clear guidelines, the legislation seeks to ensure that claimants are aware of their rights and the time limits for pursuing legal action, thereby promoting fairness and consistency in the legal process.