Coping with the loss of a loved one is an unimaginable pain. When that loss is due to someone else’s negligence or intentional actions, the grief can be compounded by questions of justice and financial security. In Louisiana, families have the legal right to seek compensation and accountability through a wrongful death claim. This guide is designed to help Louisiana residents understand the basics of this complex legal process, offering clarity and a path forward during a difficult time.
What Constitutes a Wrongful Death?
A wrongful death claim in Louisiana arises when a person dies due to the fault of another. This could be the result of a variety of incidents, including:
Car, truck, or motorcycle accidents
Medical malpractice
Defective products
Premises liability (accidents on unsafe property)
Workplace accidents
The key element is that if the deceased person had survived, they would have had grounds to file a personal injury lawsuit against the at-fault party.
Who Can File a Wrongful Death Claim in Louisiana?
Louisiana law has a specific hierarchy of who can file a wrongful death claim. The right to file is granted to the following people, in this order:
Surviving spouse and/or children: This is the primary group who can bring a claim.
Surviving parents: If there is no surviving spouse or child, the parents of the deceased can file.
Surviving siblings: If there are no surviving parents, siblings can file.
Surviving grandparents: If there are no surviving siblings, grandparents can file.
If a higher-priority group exists, a lower-priority group cannot file a claim.
What Damages Can Be Recovered?
While no amount of money can ever replace a life, a wrongful death claim seeks to provide financial support for the surviving family members. The damages you can seek to recover may include:
Medical and funeral expenses: Costs associated with the final illness or injury and burial.
Loss of financial support: Compensation for the income and benefits the deceased would have provided to their family.
Loss of love, affection, companionship, and society: This is often referred to as "non-economic damages" and accounts for the emotional and personal void left by the deceased.
Loss of services: Compensation for the value of household services the deceased would have performed.
Loss of inheritance: The loss of future assets the deceased would have accumulated.
The Statute of Limitations: A Critical Deadline
In Louisiana, there is a strict deadline for filing a wrongful death claim, known as the statute of limitations. Generally, you have one year from the date of your loved one's death to file a lawsuit. Missing this deadline will almost certainly result in the loss of your right to pursue a claim, no matter how strong your case may be. It is crucial to act quickly to protect your family's rights.
Covington Wrongful Death Lawyers Ready to Help
Navigating the legal system during a time of grief is incredibly challenging. A compassionate and experienced legal team can handle the complexities of the process, allowing you to focus on healing.
If you are a Louisiana resident considering a wrongful death claim, the attorneys at Talley Anthony Hughes & Knight are here to help. We understand the sensitivity of these cases and are dedicated to providing the professional and compassionate guidance you need. We can investigate the circumstances of the death, gather necessary evidence, negotiate with insurance companies, and represent your family in court if a fair settlement cannot be reached.
To learn more about your legal options, contact them for a confidential consultation at (985) 313-8146.