Do you have a family member who died years ago, but only recently learned that their death might be due to the fault of another? Under a recent decision from the Louisiana Supreme Court, you might still be able to bring your claims for their death.
A recent decision by the Louisiana Supreme Court will allow certain individuals to bring claims for survival action when the victim died years earlier. In Watkins v. Exxon Mobil Corporation, 13-1545 (La. 5/7/14), 145 So.3d 237, the Court clarified that survival actions under Louisiana law are subject to prescriptive rather than peremptive periods, opening the door for plaintiffs to file suit within one year of knowing of their cause of action, rather than one year from the date of death of the victim.
The plaintiff, Patricia Watkins, filed suit on June 17, 2011, setting forth claims under wrongful death and survival action relating to the death of her father, who had died years earlier, on December 27, 1986. The plaintiff alleged that her father had been exposed to naturally occurring radioactive material (“NORM”) by the defendants and claimed that, under the principle of contra non valentem, she did not have notice of her causes of action until June 22, 2010, making her filing of June 17, 2011, within one year of having knowledge of her claim.
The defendants filed exceptions of prescription, peremption, and no cause of action, which were sustained by the district court, finding the one-year time period governing survival actions to be peremptive under La. Civ. Code art. 2315.1(A) and, therefore, not capable of renunciation, interruption, or suspension, even under the doctrine of contra non valentem. Thus, the court dismissed the plaintiff’s suit as untimely since it had been filed more than a year after the death of her father. On appeal, however, the Fourth Circuit reversed the district court, finding that the 1986 amendment to article 2315.1 made the period prescriptive rather than peremptive, allowing for contra non valentem to suspend the running of the prescriptive period. Watkins v. Exxon Mobil Corporation, 12-0477 (La. App. 4 Cir. 5/29/13), 117 So.3d 548.
The Louisiana Supreme Court, per Justice Guidry, looked to the plain language of article 2315.1, legislative intent, and policy considerations in affirming the Fourth Circuit’s ruling that the one-year time limitation is a period of prescription rather than peremption, and remanded the case to the district court for further proceedings. Watkins v. Exxon Mobil Corporation, 13-1545, p. 12 (La. 5/7/14), 145 So.3d 237, 244. By allowing survival action claims to be brought more than a year after the death of the victim, the Court expanded the rights of victims’ families to file survival action claims if prescription has been interrupted or suspended. As the period is prescriptive rather than peremptive, survivors may bring their claims even years after the victim’s death, which could lead to a flurry of survival actions from claimants who, for years, were unaware they could even bring such a claim.
What does this mean for you? If you have a family member who died but for years were unaware of knowing you had a cause of action for their death, you may still have a valid claim for damages under Louisiana law. Our firm has the knowledge and experience to bring your claim to court and recover what you are entitled to. Contact me today to discuss your claim.
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