You no doubt have heard the term “wrongful death,” but did you know that there are requirements in order to file a wrongful death lawsuit? A wrongful death lawsuit is where the plaintiff claims that the defendant’s conduct caused a loved one’s death. Unlike an ordinary personal injury claim, a representative of the deceased files the lawsuit in place of the deceased person.
In Louisiana, the wrongful death plaintiff must prove the following:
- There are surviving beneficiaries of the deceased including children or dependents
- The defendant’s conduct caused the death of the deceased
- There are monetary damages from the death
The purpose of the lawsuit is to recover damages for the deceased’s family members and estate, whether those are emotional or financial damages. In Louisiana, a surviving spouse, child, parent or guardian, sibling or grandparents can file a wrongful death action. Relatives beyond siblings and grandparents cannot file a wrongful death lawsuit in Louisiana.
Wrongful death lawsuits are by no means easy to win. The defendant has defenses available to them including causation and comparative negligence. These types of lawsuits are common after car accidents, defective product deaths, workplace deaths and criminal acts.
Do you have any more questions about wrongful death lawsuits? Call us.
Harrell & Nowak, L.L.C. – New Orleans injury attorneys