Who is Able to File a Wrongful Death or Survival Action Claim?
Losing a loved one is a traumatic event under any set of circumstances. When the death is both unexpected and potentially preventable, the loss is felt even more deeply. When a death was preventable, survivors may be entitled to file a wrongful death claim against the at-fault party. Clearly, no amount of compensation can bring back a lost loved one; however, by pursuing a wrongful death claim you may be able to ease the financial burden that often follows a loss. In addition, a wrongful death claim holds the at-fault party responsible for the wrongful conduct that led to the death of your loved one. If you have recently lost a loved one in what you believe to be a wrongful death you may be wondering “Who can make a wrongful death claim in Louisiana? ”
A death can be the result of natural causes or it can be caused by what we often refer to as an “accident”. Though we use the word “accident”, many fatal accidents are not true accidents but are caused, in whole or in part, by the wrongful conduct of another party. When that is the case the law refers to it as a “wrongful death” and provides a mechanism by which certain survivors of a wrongful death may pursue compensation from the responsible party. Louisiana Civil Code 2315.2 enumerates who may file as a claimant in a wrongful death case in Louisiana:
- The surviving spouse and child or children of the deceased, or either the spouse or the child or children.
- The surviving father and mother of the deceased, or either of them if he left no spouse or child surviving.
- The surviving brothers and sisters of the deceased, or any of them, if he left no spouse, child, or parent surviving.
- The surviving grandfathers and grandmothers of the deceased, or any of them, if he left no spouse, child, parent, or sibling surviving.
If you fall into one of the above-referenced survivor categories and you believe that the loss of your loved one was caused, at least in part, by the wrongful or negligent conduct of another party you may be entitled to pursue compensation for your loss from that party. Although the law does allow survivors of a wrongful death to pursue compensation from the at-fault party, the law limits the time within which you have to do so. For this reason, it is in your best interest to contact the experienced Lake Charles wrongful death attorneys at Broussard & Hart, LLC by calling 866-281-4774 to schedule your appointment today.
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Our attorneys will review your case and represent you throughout your wrongful death claim. Contact Broussard & Hart L.L.C. today for help pursuing a wrongful death settlement. Your first consultation is free and we won’t charge fees unless money is recovered.
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