If you lost a loved one through negligence or misconduct of an individual or entity, you can file a wrongful death lawsuit against the responsible party. This lawsuit allows you to hold them accountable and recover compensation for the wrongful death.
However, only certain family members can file a wrongful death lawsuit under Louisiana law. This includes the surviving spouse, children, parents, siblings or grandparents in that order of preference. Here is more on what you should know.
The damages you can seek with a wrongful death lawsuit
You can recover various types of damages with a wrongful death lawsuit. These may include:
- Medical expenses related to your loved one’s injury or illness
- Funeral and burial costs
- Lost present and future earnings and benefits
- Loss of companionship/consortium
- Emotional pain and suffering, among others
You may also recover punitive damages in cases of extreme negligence or misconduct leading to your loved one’s wrongful death.
There is a legal deadline involved
Wrongful death lawsuits in Louisiana are subject to the statute of limitations (a legal deadline for filing the lawsuit). You only have one year from when the wrongful death occurred to take legal action, or you may lose your right to seek compensation.
Proving negligence is key
To succeed in a wrongful death lawsuit, you must demonstrate that the defendant’s negligence or intentional actions caused your loved one’s death. This can be challenging, so it’s crucial to gather as much evidence as possible, such as witness statements, medical records and expert testimony if necessary.
Understandably, it can be overwhelming for families to navigate the complexities of a wrongful death lawsuit while grieving the loss of their loved ones. Seeking qualified guidance can help present a strong case, which can go a long way in recovering a deserving settlement.