According to relatively recent statistics, Louisiana unfortunately ranks among the top 10 states in terms of the number of fatal hit-and-run accidents. Per 100,000 residents, Louisiana has close to 2 fatal hit-and-runs. By contrast, the state with the least number of fatal hit-and-runs experiences a rate of .19 per 100,000 residents.
Most semi-truck drivers in Louisiana take care to handle their vehicles safely. Unfortunately, there will always be truckers who, in an effort to make as many deliveries as quickly as possible, will drive recklessly. This is a danger to everyone on the road, and it could have fatal consequences.
In our state, if an individual dies due to the negligence or recklessness of another (who is ultimately at fault for the death), and that individual's survivors suffered damages as a result of the death, they may wish to pursue a wrongful death lawsuit. However, not just anyone is permitted to bring a wrongful death action.
Louisiana boasts many beautiful rivers, lakes and coastlines. This makes boating a popular activity for many across the state. However, boating can be dangerous. Just as there can be negligent motorists on the roads, there can be negligent boaters on the water. Sometimes this leads to fatal boating accidents.
Drunk driving is a serious issue in Louisiana. Summer is a popular time for barbecues, block parties, trips to the beach and not to mention the Memorial Day, Fourth of July and Labor Day holidays. In short, at any of these occasions many people in Louisiana will have a beer, wine or cocktail. However, when one drink leads to another, and then another, a person can easily become intoxicated. While drunkenness in general should be avoided, the situation becomes especially serious if an intoxicated person gets behind the wheel of a car.
When one files a wrongful death claim, they may seek compensation for a variety of damages. For example, depending on the circumstances a person might seek compensation for funeral costs, loss of future income or loss of companionship, among other damages. One type of damage that a victim's survivors might also want to seek is compensation for the victim's pain and suffering. In Louisiana, this type of action is a separate cause of action from a wrongful death claim. It is known as a survival action.
The loss of a loved one can be a life-changing event. People in Houma who lose a loved one due to an illness or old age will experience a great deal of grief and in some cases financial hardships as they move on without their loved one in their life. However, this transition may be especially difficult if their loved one's passing came not from natural means, but due to the actions of another person.
When it comes to filing a wrongful death suit in Louisiana, there is such a thing as "too little, too late." That is because, like other civil lawsuits, wrongful death lawsuits are subjected to the statute of limitations. This phrase refers to the period of time in which a person has to file a lawsuit. Once that time period has passed, a person can no longer file a lawsuit even if the lawsuit otherwise would have been valid.
It is never easy to lose a loved one. Sometimes, this cannot be helped, such as when a person has a terminal illness or simply dies due to old age. However, a person's grief may be amplified if their loved one died due to the actions of another. For example, losing a loved one in a car crash caused by a drunk driver can be difficult since, but for the actions of the negligent party, the victim need not have died.
The death of a loved one is never easy, but it can be especially difficult when the loved one was killed due to the actions of another person. For example, a person in Louisiana could be killed by a negligent driver in a car crash, through an act of medical malpractice by a physician or even due to a criminal act. When this happens, the victim's family may want to pursue a wrongful death lawsuit against the party responsible for the victim's death. Through this type of lawsuit, the victim's family can pursue damages, specifically, pecuniary damages.