If you’ve lost a loved one to an accident caused by another person’s carelessness, you have every right to feel heart-broken, violated and angry. While nothing can bring your loved one back, you can seek compensation and see justice served by filing a Louisiana wrongful death lawsuit against those responsible.

When courts talk about wrongful death, it means any death that could have been prevented if the offending party had just been more careful. Society cannot allow individual carelessness to pose a danger to life and limb, which is why we have Louisiana negligence laws.

The Definition of a Louisiana Wrongful Death Lawsuit

As terrible as the wrongful death of a loved one is, you need to keep in mind that they are not usually criminal cases. A Louisiana wrongful death lawsuit is a civil case, where the object is financial compensation rather than criminal punishment, although in certain cases punitive damages (which are meant as punishment) may apply.

As it is a civil matter, the court will generally demand less evidence than it would for a criminal case. All that your lawyer needs to do is offer sufficient evidence that the defendant’s irresponsibility caused the death of your loved one.

In order to file a wrongful death lawsuit in Louisiana, you need to prove that another party’s irresponsibility or negligence caused the death of the person in question. You also need to be closely related enough to the deceased, and demonstrate that the victim’s death will cause financial difficulty for you and other surviving family members.

Who Files a Louisiana Wrongful Death Lawsuit?

Unlike most personal injury lawsuits, the individual hurt in the wrongful death case cannot be the person filing the lawsuit. Louisiana law makes specific rules as to who can file a wrongful death lawsuit and who can act as a beneficiary.

The beneficiaries who are allowed to receive compensation in a Louisiana wrongful death lawsuit include:

• The spouse and or children of the deceased
• The parents of the deceased, if there is no living spouse or child
• The siblings of the deceased, if there are no living parents
• The grandparents of the deceased, if there are no living siblings

However, other relatives, like cousins or in-laws, can still be beneficiaries of a case under certain circumstances. They simply can’t be the ones to initiate the case.

The death of a loved one is always emotionally devastating, and can often be financially catastrophic. This is exactly why the law makes allowances for next-of-kin to recover damages through a Louisiana wrongful death lawsuit. Possible compensation from a wrongful death lawsuit can help with funeral expenses as well as the lost future wages/benefits your loved one would have provided for your family.

Contacting a Louisiana Wrongful Death Attorney

Speaking with an experienced Louisiana wrongful death attorney after an accident can help you understand your legal rights and options, and if necessary, help you file a wrongful death lawsuit to help you recover compensation for your losses incurred after the death of a loved one.  

The Louisiana wrongful death attorneys at the Law Offices of J. Price McNamara can help you recover damages and other accident-related expenses. Contact us to schedule your FREE legal consultation today – (866) 248-0580.