Losing a loved one is devastating, especially when the death was caused by someone else’s actions. In Louisiana, certain family members have the legal right to file a wrongful death lawsuit. This type of claim can help cover funeral expenses, loss of income and the emotional pain caused by the death.
Who can file a claim, and when should one be made? Below are some important points to consider.
Who has the right to file?
Louisiana law gives specific family members the right to file a wrongful death claim. The right goes to the closest relatives first. A surviving spouse or children often files the lawsuit. If the deceased person had no spouse or children, the right goes to the surviving parents. If there are no parents, surviving siblings may file. If no siblings are alive, surviving grandparents may bring the claim, and so on.
Each group can only file if there are no eligible family members in the group before them. For example, a parent can only file if there is no surviving spouse or child.
When can a claim be made?
A wrongful death claim can be filed when someone dies because of another person’s negligence or unlawful actions. This includes situations like fatal car accidents, medical mistakes, defective products or acts of violence. The claim must be filed within one year of the person’s death. If not, the right to compensation may be lost.
Filing a wrongful death claim helps hold the responsible party accountable. It also gives surviving family members financial support during a painful time. While it cannot bring back a loved one, it can ease financial strain.
By seeking legal guidance, you can better understand the specific laws on wrongful death in Louisiana.