There are many different things happening immediately following car accidents. Some people call the police, some take down the other driver’s information and some contact their insurance company. These are often the preliminary thoughts when a minor accident occurs. In the situation of fatal accidents, the action taken may involve more complex issues.
One family is left with more serious considerations following the death of a loved one in a recent accident that occurred in Welsh. The accident involved a Toyota Corolla and a dump truck. The dump truck hit the Corolla as it was traveling north on Hoke Road. The 82-year-old driver of the automobile was transported to the hospital, but later pronounced dead. Now, the family of the older man must grapple with their loss.
One way to recover for the loss of a loved one is to file a wrongful death action. The family members who decide to proceed with such a lawsuit will likely file it in a Louisiana court that is convenient for them. However, just because an action is initially filed in a particular court does not mean that this is where the action will ultimately be litigated. Other parties in the action have the power to dismiss or transfer the case under the doctrine of forum non conveniens. This doctrine calls a court to examine the overall convenience of the action. A court must evaluate a host of factors, including convenience to the parties and witnesses, as well as the jurisdiction’s interest in the litigation. If the court believes that another jurisdiction would be more appropriate, the court can dismiss the case.
Plaintiffs pursuing litigation should consider this possibility when filing a lawsuit. It is not always clear cut in which court a case should proceed. While plaintiffs have some control over the matter, it is important to consider factors that may weigh on the issue of the appropriate court.
Source: therepublic.com, “State Police: Welsh man killed in Jefferson Davis Parish traffic,” Dec. 13, 2013