Lose a loved one due to another person’s negligence? Wondering if it is possible to seek compensation? According to the state of Louisiana it may be possible. To do it, though, — if it is deemed appropriate — it is necessary to file a wrongful death claim in civil court.
Wrongful death lawsuits are not appropriate in every situation. In order for such an action to be taken seriously in court, two specific elements must exist in one’s case. These are:
- Loss of life resulting from another person’s negligence, deliberate act or recklessness
- Measurable damages suffered by surviving family members as a result of the loss of life
Wrongful death claims may be filed by immediate family members — usually a spouse, children or parents. It may also be possible for grandparents, siblings or legal guardians to pursue such legal actions. If a wrongful death claim is appropriate, damages may be sought for various losses, such as:
- Medical expenses
- Funeral costs
- Pain and suffering
- Other compensatory damages
Understandably, it may take time before one decides to bring a wrongful death lawsuit against the party deemed responsible for the loss of a loved one’s life. It is okay to take time to grieve. However, the state of Louisiana, just like all other states, has set a statute of limitations on such legal filings. Those who are thinking about filing this type of claim may want to talk to legal counsel as soon as possible in order to make sure they do not miss the allotted window. It may not be possible to seek compensation after the statute of limitations has passed.
Source: thebalance.com, “How to File a Wrongful Death Lawsuit“, Julie Garber, Accessed on Jan. 10. 2018