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Who can initiate a wrongful death lawsuit in Louisiana?

On Behalf of | May 11, 2017 | Fatal Motor Vehicle Accidents

Motor vehicles have been one of the more important inventions for people in Louisiana. The majority of people not only own motor vehicles, but also now rely on them to get through life. These use them to drive to work, school, go shopping, to visit family and friends and for many other tasks. This means that there are many vehicles on the roads every day, and unfortunately, there are also many accidents as well.

These accidents do not result in major damage or injuries, but sometimes, they are fatal accidents and people lose loved ones. This is never easy, but it can be even more difficult when it happens unexpectedly and in many instances, could have been avoided. In addition to the emotional pain caused by fatal accidents, it can also cause financial problems, if the victim provided a significant income for the family.

The family members of the victim may be able to receive compensation for their loss, though. They accomplish this through a wrongful death lawsuit, if the death was caused by the negligence of another. However, not just any family member can initiate the lawsuit.

If the victim was married with children, then the victim’s spouse and children must initiate. If the victim was not married and did not have children, then the victim’s parents can initiate. If there are no living parents, the victim’s brother and sisters must initiate. Finally, if there are no spouse, children, parents or siblings, then the victim’s grandparents must initiate the wrongful death lawsuit.

There are many drivers on Louisiana roads that drive negligently and cause accidents. Some of these accidents can result in fatalities. These losses can be extremely difficult for the family and friends of the victim and even harm them financially. Certain family members may be able to receive compensation for their loss though. These lawsuits are very fact specific though, and it is important to understand the law and the legal process.

Source:, “Article 2315.2,” accessed on May 2, 2017