Unfortunately, negligence-related deaths are all too common in Louisiana, with car accidents, medical malpractice, and unsafe working conditions often involved in these cases. When a person’s death is caused by negligence or wrongdoing, grieving families may be able to file a claim for financial relief and support under Louisiana’s wrongful death law.
If you lost a loved one in a wrongful death accident in Louisiana, you need to know about the state’s laws on survival actions. Keep reading to learn more about Louisiana wrongful death laws.
The first step to understanding wrongful death claims in Louisiana is determining who can file these types of legal actions under Louisiana Civil Code Article 2315.2. Unlike many other states, wrongful death claims in Louisiana do not have to be filed by estate representatives. Specific eligible family members can file wrongful death claims in a specific order of priority:
With this order and Louisiana’s strict hierarchy in mind, if higher-priority family members exist, lower-priority family members will likely be unable to file. For example, grandparents will only be able to file if no other, more closely related family members are surviving. Keep in mind that unmarried partners typically cannot recover damages through wrongful death claims.
After a loved one’s death, immediate family members need to know about their rights to seek justice through a survival action. To learn who may be eligible to seek damages regarding your loved one’s death, you should get in touch with a Louisiana wrongful death lawyer. Our experienced wrongful death attorneys are ready to help you navigate the legal process.
Your timeline for filing a claim to recover compensation after your loved one’s wrongful death will vary depending on the details of the case. Typically, the statute of limitations is one year from the victim’s death. However, there are important exceptions. According to Louisiana law, the statute of limitations for wrongful death actions is either one year from the date of death or two years from the point of discovery of the injury or incident, whichever is longer.
As you can see, these time limits can be a bit tricky to navigate, and it is essential that you file a claim within the statute of limitations or else it will likely be rejected. To get help ensuring your personal injury lawsuit for wrongful death is filed in time, it’s a good idea to get assistance from an experienced wrongful death lawyer.
While nothing can truly make up for the loss of a loved on, Louisiana allows surviving family members to seek compensation for the damages and suffering they and their lost loved one have faced and will face related to that loss. You may be able to claim the following types of economic and non-economic damages:
To seek maximum compensation for your losses, it’s in your best interest to get help from a knowledgeable attorney. A wrongful death lawyer can help gather essential evidence of losses to establish liability, from medical records to testimony from accident reconstruction specialists.
If you plan to pursue justice for wrongful death losses, you should understand your options. There are two primary types of legal recourse for fatal accidents and killings: criminal charges and civil actions. So far, we’ve only been discussing the law regarding civil actions. Below, you can check out the differences between criminal and civil cases for wrongful death:
One act can lead to both civil and criminal actions. To get help determining how you can hold the responsible parties accountable, consider getting help from a legal team. Here at Cardone Law Firm, we’re proud to assist surviving family members with their civil claims for relief.
Whether your loved one’s death was the result of a workplace accident, medical malpractice, or a driver’s negligence, you may be able to seek financial recovery under Louisiana’s wrongful death laws. The laws governing these cases can be complex, and it can be difficult to recover fair compensation on your own. Getting legal representation is often the key to getting justice from the parties involved.
If your loved one died due to negligence or an intentional act, you can count on our team at Cardone Law Firm to put your needs first and fight hard for your legal rights to financial relief. We will investigate the circumstances surrounding your loved one’s death and gather evidence to prove who can be held liable. We won’t rest until you get the wrongful death settlement you need.
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