Losing a loved one can cause many different challenges. People have to deal with their emotional responses to the tragedy. Their grief can impact their mental health, employment and other relationships. They may need to give themselves space to process while also trying to support other family members with their grieving process.
They also frequently have to make immediate practical plans. The person who died may have been a wage earner helping to support the household. They may have provided key services for children, spouses or aging parents. Their passing may have a profound impact on numerous other people, all of whom may desire closure or justice.
The Louisiana legal system does recognize the practical implications of a premature death. In some cases, surviving family members may be able to pursue wrongful death lawsuits. When negligence or misconduct contributes to premature mortality, the people left behind afterward can sometimes take legal action. Sometimes there are questions about who can file a lawsuit.
Who can file a wrongful death lawsuit in Louisiana civil courts?
Family members typically take legal action
The right of action in a wrongful death lawsuit largely relates to the harm that the passing causes to others. As such, the people directly affected by the tragedy are the ones with the strongest legal case if they hope to pursue compensation through the civil courts.
A wrongful death lawsuit often comes from the surviving spouse of the deceased individual. If they do not have a surviving spouse, then their children might file a wrongful death lawsuit. The law also allows other surviving family members, including parents or siblings, to initiate a wrongful death lawsuit.
One plaintiff typically pursues compensation based on the totality of the losses suffered by everyone affected by the tragedy. Multiple people usually cannot pursue separate wrongful death lawsuits. Those who understand the law are in the best possible position to hold negligent businesses or dangerous individuals responsible for causing a tragedy.
Evaluating the situation surrounding a recent death with a skilled legal team can help people determine if litigation might be possible. A successful wrongful death lawsuit can provide financial relief and can also provide grieving individuals with a sense of closure after the tragic loss of a loved one.