Losing a loved one due to another party’s wrongful or negligent action or inaction is heart-wrenching. You may be confused and have numerous questions.
Depending on your relationship to your loved one, you may have the right to file a wrongful death claim to recover damages. While nothing can bring back your loved one or truly compensate you for your loss, financial compensation can help ease some of the burdens caused by their untimely death.
At Chris Corzo Injury Attorneys, we have been protecting the rights of wrongful death clients for decades and have recovered billions of dollars for our clients. We want to help you recover the compensation you deserve.
Call (225) 999-1111 or complete the form on our contact page to schedule a free consultation to discuss your claim.
What is a Wrongful Death Lawsuit?
If a person dies because of another party’s negligence or wrongful action, their survivors have the right to seek compensation for damages. To seek that compensation, survivors file a wrongful death lawsuit against the party liable for the decedent’s death.
The Louisiana law that provides the right to file a wrongful death claim is Louisiana Civil Code Article 2315.2, which states:
“Wrongful death action
A. If a person dies due to the fault of another, suit may be brought by the following persons to recover damages which they sustained as a result of the death:
(1) The surviving spouse and child or children of the deceased, or either the spouse or the child or children.
(2) The surviving father and mother of the deceased, or either of them if he left no spouse or child surviving.
(3) The surviving brothers and sisters of the deceased, or any of them, if he left no spouse, child, or parent surviving.
(4) The surviving grandfathers and grandmothers of the deceased, or any of them, if he left no spouse, child, parent, or sibling surviving.
B. The right of action granted by this Article prescribes one year from the death of the deceased.
C. The right of action granted under this Article is heritable, but the inheritance of it neither interrupts nor prolongs the prescriptive period defined in this Article.
D.(1) As used in this Article, the words “child”, “brother”, “sister”, “father”, “mother”, “grandfather”, and “grandmother” include a child, brother, sister, father, mother, grandfather, and grandmother by adoption, respectively.
(2) As used in this Article, the words “child”, “brother”, and “sister” include a child, brother, or sister given in adoption, respectively.
E. For purposes of this Article, a father or mother who has abandoned the deceased during his minority is deemed not to have survived him.”
If you believe you may have the right to file a wrongful death claim, you should consult an experienced Louisiana wrongful death attorney as soon as possible.
Common Types of Wrongful Death Claims
Wrongful death can have numerous causes. Some of the most common types of wrongful death claims involve:
- Motor vehicle accidents, including commercial truck accidents
- Motorcycle accidents
- Drowning and near-drowning accidents
- Boating accidents
- Workplace accidents
- Violent attacks, including domestic abuse
- Medical malpractice
- Defective products
- Premises liability
- Elder abuse and nursing home accidents
- Dog or other animal attacks
Any death caused by another party’s negligence, wrongful action, or inaction may be the cause of a wrongful death claim.
How Long Do I Have to File a Wrongful Death Lawsuit in Louisiana
Under Louisiana Civil Code Article 2315.2 (B), a Louisiana wrongful death claim must be filed within one year of the decedent’s death. If you miss your deadline, you cannot recover compensation for your damages.
There are a few limited exceptions to the one-year filing deadline. You must consult an experienced Louisiana wrongful death attorney to know your filing deadline.
Can I File a Wrongful Death Claim?
Louisiana Civil Code Article 2315.2, as set forth above, gives the right to file a wrongful death suit to the decedent’s surviving spouse, child, parents, siblings, or grandparents.
If you believe you may have the right to file a wrongful death claim, you should promptly consult an experienced Louisiana wrongful death attorney.
Contact Chris Corz Injury Attorneys
If you have lost a loved one due to another party’s negligence or wrongdoing, you may have the right to file a wrongful death claim. Remember that you only have one year from your loved one’s death to file your claim, with only rare exceptions.
At Chris Corzo Injury Attorneys, we have the experience, skills, and resources to help you recover the compensation you are entitled to. Call (225) 999-1111 or visit our contact page to schedule a free consultation.