Yes. Whether or not the person who died had a will has no bearing on your right to file a wrongful death claim in Louisiana.
If someone you love died due to another party’s negligence, you may have the right to pursue a wrongful death claim regardless of whether your loved one left any estate planning documents behind. You should contact an experienced wrongful death attorney in Baton Rouge promptly to understand your options.
Wrongful Death Claims vs. Wills
When a person dies with a will, the will determines who inherits their property and assets through probate. When a person dies without a will, Louisiana’s intestacy laws determine how the estate is distributed among the heirs.
A wrongful death claim is completely different. Under Louisiana Civil Code Article 2315.2, the right to bring a wrongful death claim belongs to specific surviving family members, in a specific order of priority. That right does not pass through the deceased’s estate, and it is not affected by whether the deceased had a will.
Because these legal paths are separate, consulting a wrongful death lawyer is the best way to ensure your rights as a survivor are protected.
Who Can File a Wrongful Death Claim in Louisiana?
Louisiana Civil Code Article 2315.2 establishes a hierarchy of who may bring a wrongful death claim. The law gives the right to file to surviving family members in the following order of priority:
First, the surviving spouse and/or children of the deceased. If there is a surviving spouse and children, they share the right to bring the claim together. If there is no surviving spouse or children, the right passes to the deceased’s surviving parents. If there are no surviving parents, it passes to surviving siblings. If none of the above survive the deceased, the right passes to the deceased’s grandparents.
Only the family members in the highest available tier can bring the claim. If the deceased had children, the parents and siblings cannot file independently, as that right belongs to the children and any surviving spouse. These rights exist regardless of whether a will is present, and regardless of what any will may say about inheritance.
The Wrongful Death Claim Filing Deadline in Louisiana
You must file a wrongful death claim in Louisiana within one year of the deceased’s death, or within two years of the day that the injury or damage that resulted in death occurred, whichever is longer.
There are some exceptions to the filing deadline, so you must promptly consult an experienced wrongful death attorney in Baton Rouge to determine your filing deadline. Another reason to act quickly is to help preserve vital evidence before it is lost or destroyed.
Does It Matter How the Deceased Died?
Yes, it does matter how the deceased died. A wrongful death claim arises only when a person dies due to the negligence or wrongdoing of another party. For example, if a negligent driver caused the accident that resulted in your loved one’s death, you may have a valid wrongful death claim.
Schedule a Free Consultation With a Baton Rouge Wrongful Death Lawyer
Whether your loved one left a will has no impact on whether you can file a wrongful death claim. If your loved one died because of another party’s negligence or wrongdoing, you may have the right to recover damages.
At Chris Corzo Injury Attorneys, our team of wrongful death attorneys has a proven record of securing maximum compensation for our clients, and we want to do the same for you. Call our wrongful death lawyer in Baton Rouge at (225) 999-1111 or complete the short form on our contact page to schedule a free consultation.