Are You Eligible to File a Wrongful Death Lawsuit under Louisiana State Law?

Chances are that if you are reading this blog post right now, it is because you have been forced to research the legal term “wrongful death” due to extremely tragic circumstances. You have probably lost a family member or someone else you love due to someone else’s negligence, and you would like to learn more about the legal options available to you. The personal injury attorneys of Harrell & Nowak extend our condolences, and further assure you that your Internet search has delivered you to the right place. We have helped many families obtain damages to cover the losses and expenses with which they were faced after the unexpected and unnecessary deaths of their loved ones. It would be our honor to do the same on your behalf.

At our law firm in New Orleans, wrongful death suits are expertly handled by our skilled, experienced attorneys Shirin Harrell and Eric Nowak. Ms. Harrell and Mr. Nowak are intimately familiar with the Louisiana state laws governing wrongful death cases and use all of the resources at their disposal to fight for the rights of families victimized by negligence. Are you eligible to file a wrongful death claim on behalf of your loved one? The best way to find out is to arrange for a free evaluation of your specific case by one of our attorneys. Until then, here is some basic information regarding the parties who are qualified to file wrongful death suits in Louisiana.

Louisiana Wrongful Death Laws

Each state has its own unique wrongful death laws, including those defining which party or parties may seek damages by filing a claim. In the vast majority of cases, the party filing the claim must be related to the deceased person, whether by blood, by marriage, or through legal adoption. The hierarchy of relatives eligible to file a wrongful death claim is as follows:

  • The surviving spouse or the surviving children of the deceased have the first right of recovery.
  • If there is no surviving spouse or surviving children, then the surviving parents or parent of the deceased may file suit, as long as the parents or parent did not abandon the deceased when he or she was a minor.
  • If there is no surviving parent, then the surviving siblings of the deceased may file suit.
  • If there are no surviving siblings, then the surviving grandparents of the deceased may file suit.
  • If the deceased person did not leave behind any relatives as defined above, then the personal representative of the estate may seek damages by filing a wrongful death claim on behalf of the estate.

If you have lost a member of your family due to someone else’s negligence and are unsure as to whether you are eligible to file a wrongful death lawsuit, we urge you to take advantage of our free case evaluation offer as soon as possible. Time is of the essence. In the state of Louisiana, a wrongful death claim must be filed within one year of the date of death. If you do not file your claim within that period, you permanently forfeit the right to seek damages for your loved one’s death through a court of law.

Arrange Your Free Wrongful Death Case Evaluation Today

To arrange your free wrongful death case evaluation, please contact the law firm of Harrell & Nowak today.