The loss of a loved one will change your life forever. When that death is caused by a negligent driver, the grief and despair can be overwhelming. The legal system cannot return your loved one to you; however, it has provided a legal means of holding the at-fault person accountable for his or her actions by filing a wrongful death lawsuit.
Can I File a Wrongful Death Lawsuit Against the Other Driver?
A wrongful death lawsuit is a civil action that allows you to sue the at-fault driver for compensation under Louisiana’s wrongful death statute. When determining if you can be successful in a wrongful death lawsuit, we must answer the following questions.
- What caused the accident that took the life of your loved one? If the other driver caused the car or truck accident that took your loved one’s life (i.e. speeding, distracted driving, drunk driving, reckless driving, etc.), you should be able to sue the other driver under Louisiana’s wrongful death laws. Even if there was not another car involved in the accident, you may still have a wrongful death claim if a defective product used in the construction of the vehicle, a design flaw in the vehicle, or a defect in the road caused the accident. Unfortunately, if no one is to blame for the accident other than your loved one, you do not have a wrongful death claim.
- Do you have any evidence? In order to win a wrongful death lawsuit for a truck or car accident, you must prove that the accident was due to the negligence of the other driver AND the accident was the cause of your loved one’s death. Evidence may include photographs, eyewitness testimony, physical evidence, and expert testimony. Your attorney will conduct a thorough accident scene investigation to identify and preserve key evidence to prove fault.
- Can you prove damages? You must be able to prove that you have suffered damages due to the death of your loved one in a truck or car accident. Your damages can be financial, non-financial, or a combination of both.
- How are your related to the deceased? Louisiana wrongful death laws provide that only certain people can file a wrongful death lawsuit. The surviving and any surviving children have the first right to file a wrongful death lawsuit in Louisiana. If the deceased died without a spouse or surviving children, the person’s mother and/or father can file the wrongful death lawsuit. Siblings are next in the line of people who may file a lawsuit followed by grandparents.
Do You Have Questions About a NoLA Wrongful Death Claim?
If you have lost a loved one due in a car or truck accident, contact the wrongful death attorneys of the Olinde Firm. Our attorneys can answer all of your questions and provide sound legal counsel regarding how you can seek justice for your loved one, yourself, and your family.
A monetary award will not replace your loved one; however, a wrongful death lawsuit can bring some measure of closure while serving as a warning to others that this type of negligent behavior will be punished. Contact our office to schedule a free case evaluation.