Losing a loved one is no doubt a traumatic experience. However when you couple this with the cause of death being due to another person’s negligence, anger, confusion or helplessness, it makes a traumatic experience even worse.
“Wrongful Death Laws” in Louisiana permit only specific family members to file a wrongful death lawsuit. This is according to the Civil Code which identifies four classes of beneficiaries who are eligible to file a wrongful death lawsuit:
- The spouse and children of the deceased are eligible to file a wrongful death lawsuit. They have the first right to do so.
- However, if the deceased did not leave behind any children or spouse, then the parents of the person who passed on may open a wrongful death claim.
- In the unlikely event that no spouse, child or parents are left behind by the person who passed on, then the siblings of the deceased may file a wrongful death claim.
- The deceased person’s grandparents are eligible to file a wrongful death claim if the deceased did not leave behind any spouse, child, parents or siblings.
In What Period of Time Does a Wrongful Death Lawsuit Need to Be Filed?
The state of Louisiana has a short statute of limitations. According to the statute of limitations, a wrongful death claim must be filed within one year from the date of death of the deceased. In some cases, the facts that led to your loved one passing on may affect the amount of time you need to file the lawsuit. So, it is recommended that you contact an attorney as soon as you know that you want to file a wrongful death lawsuit.
The Damages That are Available – Louisiana Wrongful Death Compensation
While it’s true that a loved one cannot be brought back, receiving compensation can mitigate your losses. Louisiana wrongful death compensation is given for:
- Aircraft, car, construction, motorcycle, truck, vessel and workplace accidents.
- Birth injuries
- criminal behavior
- DWI accidents
- nursing home neglect
- pharmaceutical defects
- premises liability
- product defects
In the event that your loved one survives for a long period of time after the injury, but dies as a result in the long run, you are entitled to file a wrongful death claim. Two causes of action are applicable in this circumstance. A survival action will exist for the recovery of damages for pain and suffering, and any other inconveniences or discomfort that the deceased suffered until the time of death. Likewise, the wrongful death claim can only be opened once the person is deceased. This claim will compensate the family members and loved ones for their suffering as a result of the victim’s death.
In the state of Louisiana, the amount of time you have in order to file a wrongful death claim is governed by the statute of limitations. According to this law, family members and loved ones have approximately one year to file a wrongful death claim in court, starting from the death date of the deceased. In the event that you do not file the lawsuit within time, and you try to do so at a later stage, the defendant will most probably file a motion to dismiss the claim as time-barred and the court will most definitely grant the motion.