Wrongful Death Process In Louisiana

If you are the spouse, child, parent/guardian, or sibling of an individual who was killed because of someone else’s negligence or wrongful act, you may be entitled to file a wrongful death claim in Louisiana. A wrongful death is considered to be when an individual is killed because of injury resulting from negligence of another person or establishment.

What Determines a Wrongful Death in Louisiana?

According to 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 an establishment where the accident resulting in death took place. A wrongful death claim must be acted upon within 1 year of the death.

Determining Who is Eligible To File A Wrongful Death Claim

A wrongful death claim can be filed by a member of the deceased’s immediate family, or in the absence of these members, a succession representative. The parties able to file the wrongful death claim are as follows in order of precedence:

  • Spouse
  • Children
  • Parent or guardian
  • Siblings
  • Grandparents

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.

 

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