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Who can bring forth a wrongful death action in Louisiana?

On Behalf of | Feb 18, 2022 | Wrongful Death

The loss of a loved one is not an easy event to cope with. While death is an inevitable, one is never truly prepared to lose a loved one suddenly in an accident or due to the negligence of another person. Thus, it can be challenging to come to terms with the matter while at the same time face the financial burdens that come along with the loss.

Wrongful death action

While it may not be an individual’s first thought, it is likely a consideration for many who have lost a loved one due to negligence. Filing a civil action, such as a wrongful death suit, is a way to help hold the party at fault accountable while also helping one recover compensation for losses suffered.

Who can bring forth the suit?

In the state of Louisiana, and individual may bring a wrongful death action against the person at fault if they are the surviving spouse or children of the deceased. The parents of the deceased are allowed to bring action if there is not surviving spouse or children. Additionally, if there are no surviving parents, siblings could bring this action. Finally, if not siblings exist, surviving grandparents may bring forth the action.

The main purpose of a wrongful death action is to recover damages suffered as a result of the death of the deceased. This may include, but is not limited to, lost wages, funeral expenses, pain and suffering, medical bills and other related damages.

Suffering the loss of a loved one is not an easy matter to navigate. It can be emotionally taxing and overwhelming. Thus, it is important that one fully understands the situation and what rights he or she is afforded.