Experiencing the death of a loved one is never easy. When you discover that their death was a result of someone else’s recklessness, negligence or deliberate behavior, it’s likely that you want to seek compensation. Louisiana provides its residents with the right to file a wrongful death lawsuit when they experience the death of a loved one.
Who has grounds?
Regardless of whether loved ones die due to fatal motor vehicle accidents or medical malpractice, certain members of their family are given the ability to file a wrongful death lawsuit against the responsible party. This ability to file a lawsuit is referred to as having legal grounds.
Traditionally, the deceased person’s spouse and children have the right to file a wrongful death lawsuit. In some states, extended family members like siblings and grandparents can file a lawsuit. It’s best to check in with a local attorney to determine whether you’re eligible to file a lawsuit.
What damages can you seek?
When you file a wrongful death lawsuit, you’re seeking monetary damages. These can be for various reasons. Some of the most common include pain and suffering, medical bills, lost wages and burial expenses.
In some states, you can seek punitive damages as well. These types of damages are meant to help punish the wrongful party and prevent them from committing similar behavior in the future. Again, you should check with an attorney in your state to determine whether you can seek punitive damages in your specific state.
If you have experienced the death of a loved one, you may want to seek retribution from the party responsible for their death. You may be able to file a wrongful death lawsuit to seek monetary damages. However, you must ensure that you have the legal grounds to do so before filing this type of lawsuit.