After a person dies in Louisiana, that person’s surviving family members may be able to file a wrongful death lawsuit to seek compensation for their losses and suffering. In cases in which victims are killed due to negligence or wrongdoing, the at-fault party may be legally liable for the surviving loved ones’ damages.
If you’ve lost a loved one in a motor vehicle accident, workplace accident, or other personal injury accident, you may be owed financial relief. Keep reading to learn about who can file a wrongful death suit after the loss of a family member.
Under Louisiana law, only certain members of a deceased person’s family can file a Louisiana wrongful death claim. After a loved one’s death, the following eligible family members may be able to make a Louisiana wrongful death claim:
Typically, wrongful death cases involve a single lawsuit representing all eligible claimants. However, it’s important to note that, if a higher eligibility claimant exists, then claims may be restricted for lower eligibility family members. Priority is given to the spouse and children first, then to parents, siblings, and finally surviving grandparents. What that means is that, if either the spouse or the surviving children file a suit, then a surviving sibling would not be able to file a claim.
If you’re unsure whether or not you can file a wrongful death claim to seek justice after a loved one’s untimely death, you should consult with a Louisiana wrongful death attorney. A lawyer can help you determine your options for taking legal action to hold the responsible party accountable for your loss.
Whether your loved one’s death was caused by medical malpractice, a drunk driving accident, or an intentional act, the compensation available through a wrongful death lawsuit is typically separated into three categories: economic damages, non-economic damages, and punitive damages. While economic damages compensate for financial losses, and non-economic damages compensate for non-financial suffering, punitive damages are meant to serve as a punishment for the at-fault party in case of extreme wrongdoing. Some of the compensation you may be owed through a wrongful death or survival action include:
Through a civil lawsuit for wrongful death, you may be able to recover compensation for all of the suffering and losses you’ve faced. While nothing can make up for the loss of a loved one, financial compensation can help you get back on your feet.
If you’ve lost a loved one due to another party’s negligence or intentional wrongdoing, Louisiana law makes it possible to seek damages from that at-fault party. Unfortunately, dealing with the loss of a loved one is already devastating, and the need for compensation for suffering and economic losses can make things all the more difficult. That’s where an attorney comes in.
You don’t have to face the legal system from wrongful death on your own. From managing filing deadlines to building a strong case for your right to justice, you can count on a New Orleans wrongful death lawyer to defend your best interests. You can reach out to our team for a confidential, free consultation.
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