While a wrongful death claim in Louisiana can award damages to many individuals considered beneficiaries of the deceased, only certain individuals are able to file the claim.
Beneficiaries are considered to be those who have suffered loss and damages (emotional and financial) because of the absence of the deceased. Many people related to the deceased can be considered beneficiaries, but only a select few can bring forth the wrongful death claim.
A Louisiana wrongful death claim can only be filed by a member of the deceased’s immediate family, or in the absence of these members, a succession representative. The beneficiaries able to file the wrongful death claim are as follows in order of precedence:
If the deceased is not survived by any of these family members, a wrongful death claim may be filed if a succession representative has been legally named. All of the above named persons can be considered beneficiaries, but they are the only ones able to file the claim for damages.
A Louisiana wrongful death claim will determine the extent of damages suffered by the claimant and beneficiaries of the deceased due to their absence. These damages are determined by the loss of financial and emotional support due to the death of the individual named in the claim. A wrongful death claim is designed to assist the beneficiaries in coping with the unexpected loss of their loved one.
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