Information Needed in Louisiana Wrongful Death Claims
Once an immediate family member, or appropriate beneficiary, files the wrongful death claim, these proofs must be presented within 1 year of the death in order to receive damages related to the Louisiana wrongful death claim.
There are 3 major things you will need to prove in order to file a wrongful death claim in Louisiana:
- that the death was caused by negligence;
- there are surviving beneficiaries; and
- monetary damages resulting from the death.
What Is a Wrongful Death?
According to the Louisiana Civil Code, a wrongful death is considered to be when “a person dies due to the fault of another”. The other party can be another person or entity, or an establishment where the accident resulting in death occurred.
Who is Considered a Beneficiary?
The beneficiaries in a Louisiana wrongful death claim are those who are directly affected either emotionally or financially by the loss of the deceased. Typically, these beneficiaries are considered to be the surviving spouse, children, parent or guardian, siblings, and grandparents, as well as the estate.
What Damages Does a Wrongful Death Claim Cover?
Your wrongful death claim in Louisiana will take into consideration the loss of financial and emotional support to the beneficiaries due to the death of your loved one. The claimant should take into consideration all financial contributions the deceased had made to the household that have since ceased due to their death. The beneficiaries are entitled to recovery of this financial loss, and may also be able to file for emotional damages as well.