When a family loses a loved one, the last thing on their mind is filing a wrongful death lawsuit. However, when the death of a loved one is caused by the reckless, careless, or negligent acts or behaviors of another party, Louisiana’s wrongful death laws provide a way to hold that party accountable. Unfortunately, nothing the law can do will bring back a loved one but a financial award can help provide for the decedent’s survivors as they struggle to move on with life without their loved one.
What is Considered a Wrongful Death?
A wrongful death occurs when a person dies due to another person or party’s negligence, carelessness, or recklessness. There are many types of personal injury accidents that can result in a wrongful death claim in addition to a few other types of situations. Examples of situations where a wrongful death can occur include:
- Car, truck, and motorcycle crashes
- Pedestrian and bicycle accidents
- Birth injuries
- Slip and fall accidents
- Workplace accidents
- Medical malpractice
- Defective products
- Premises liability
- Defective medical devices
- Defective drugs
- Nursing home neglect and/or abuse
- Criminal acts and/or violent acts
In some cases, the situation that resulted in the death of a person may also be a criminal act. To receive compensation under Louisiana’s wrongful death statutes, you do not need to prove that the death occurred as the result of a criminal act. A murder or manslaughter charge is a criminal matter whereas a wrongful death lawsuit is a civil matter. Your attorney may use some of the evidence in a criminal case in a wrongful death lawsuit; however, it is not required.
Who Can File a Louisiana Wrongful Death Lawsuit?
The wrongful death laws in Louisiana provide a clear order of priority as to who can file a wrongful death lawsuit.
- The surviving spouse has the first right to file a wrongful death lawsuit. The child of a decedent shares this first right to file a wrongful death lawsuit.
- If there is no surviving spouse and no surviving children, the deceased’s parents have the next right to file a wrongful death lawsuit.
- A person’s siblings have the next right to file a wrongful death lawsuit if the person had no surviving parents, spouse, or children.
- Grandparents come last in the line to file a wrongful death lawsuit if no other family exists who has a higher priority.
Have You Lost A Loved One?
Please act quickly. Louisiana’s Statute of Limitations restrict the time you have to file a wrongful death lawsuit. The wrongful death attorneys of The Olinde Firm will provide guidance and support as you seek to hold the person responsible for the death of your loved one accountable for his or her actions.
Contact our office at (504) 587-1440 or 1-800-587-1889 to schedule a free legal consultation. You are under no obligation when you come into our office to get answers about filing a wrongful death lawsuit.