Have You Lost A Loved One In A Car Accident? What You Need To Know About Wrongful Death Claims In Louisiana

Losing a loved one unexpectedly is one of the most painful experiences a family can face. When that loss is caused by someone else’s negligence, such as in a wrongful death car accident in Louisiana, the law allows certain family members to pursue compensation. In this article, we’ll answer common questions about wrongful death claims to help you discover…

• What events qualify for wrongful death claim in Louisiana.
• Who is legally able to file a wrongful death claim.
• The types of evidence that can help support a wrongful death claim.

How Are Wrongful Death Claims Defined In Louisiana, And Who Can File One?

A wrongful death occurs when a person dies as a direct result of someone else’s fault, such as negligence, recklessness, or intentional actions.

Louisiana law clearly outlines which family members have the legal right to file a wrongful death lawsuit. The right to file is determined in a specific order of priority:

• First, the surviving spouse and child or children.
• If there is no surviving spouse or child, then the parents of the deceased may file.
• If there are no surviving spouse, children, or parents, then the siblings of the deceased can bring the claim.
• If none of the above family members are living, the right passes to the surviving grandparents.

Only these individuals may file a wrongful death lawsuit under Louisiana law.

What Types Of Compensation Can Surviving Family Members Recover In A Wrongful Death Case?

Surviving family members may be entitled to compensation for a variety of damages, including:

• Funeral and burial expenses
• Medical bills related to the final injury or illness
• Lost income and future earnings the deceased would have provided
• Loss of companionship, love, and support
• Emotional pain and suffering

In addition to a wrongful death claim, a survival action may also be filed. A survival action seeks compensation for the pain and suffering the deceased experienced from the time of the accident until their death, as well as any damages they would have been entitled to had they lived.

Husband and Wife Legal Team, Jeffrey Gennusa and Ana Rodrigues Gennusa of the Gennusa Firm in Louisiana have extensive experience guiding families through the complexities of wrongful death claims. They’ve successfully helped countless clients navigate these challenging situations and understand the emotional and legal hurdles involved. With a deep knowledge of Louisiana law, they ensure that surviving family members receive the compensation they deserve for their loss.

If you’re facing this heartbreaking circumstance, contact the Gennusa Firm for a FREE initial consultation today.

What Key Evidence Is Needed To Prove A Wrongful Death Claim After A Fatal Accident?

Proving a wrongful death claim typically involves gathering strong evidence, such as:

• Official police or accident reports
• Surveillance or dashcam video footage
• Eyewitness statements
• Medical records
• Autopsy or coroner reports

This evidence helps establish the cause of the accident and the liability of the responsible party.

How Long Do I Have To File A Wrongful Death Claim In Louisiana?

In Louisiana, the statute of limitations for filing a wrongful death claim is one year from the date of the person’s death. Missing this deadline can prevent you from recovering any damages, so it’s essential to act quickly.

Still Have Questions? Ready To Get Started?

For more information on wrongful death car accidents in Louisiana, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (504) 308-0922 today.