Who Can File a Wrongful Death Claim in Louisiana?
When a loved one’s death is caused by someone’s negligence, it’s not just a loss—it’s an injustice. Families are left grieving while grappling with questions like, “How could this happen?” and “Who will be held accountable?” In Louisiana, wrongful death claims allow families to seek justice and hold those responsible for their actions.
At Irpino Avin & Hawkins, we understand that no legal outcome can truly fill the void of your loss. But pursuing a wrongful death claim can bring accountability, financial stability, and a sense of closure during a deeply painful time. Let us guide you through the process with care and determination.
Who Can File a Wrongful Death Claim in Louisiana?
In Louisiana, the law designates specific family members, known as “survivors,” who have the right to file a wrongful death claim. These individuals are closely related to the deceased and can seek compensation for the emotional and financial losses they’ve endured. Survivors typically include:
- Spouse and Children: The deceased’s spouse and children have the first right to file a wrongful death claim.
- Parents: If the deceased did not leave behind a spouse or children, the parents may file the claim.
- Siblings: In cases where there are no surviving spouse, children, or parents, siblings may have the right to pursue a wrongful death lawsuit.
This hierarchy ensures that those most affected by the loss are given priority in seeking justice.
When Should You Consider Filing a Wrongful Death Claim?
A wrongful death claim is appropriate when a loved one’s death was caused by someone else’s negligence or intentional wrongdoing. Common situations that lead to wrongful death claims include:
- Car Accidents: Reckless or drunk driving often results in preventable fatalities.
- Medical Malpractice: Misdiagnosis, surgical errors, or negligence by healthcare providers.
- Workplace Accidents: Unsafe work conditions or equipment failures can have deadly consequences.
- Defective Products: Dangerous or improperly designed products causing fatal injuries.
- Nursing Home Abuse: Neglect or mistreatment of elderly residents leading to death.
If any of these apply to your loved one’s situation, it’s important to act quickly. Louisiana has a one-year statute of limitations for wrongful death claims, meaning you have limited time to file.
How Irpino Avin & Hawkins Can Help
Losing a loved one is hard enough without the added stress of navigating legal battles. At Irpino Avin & Hawkins, we handle the complexities so you can focus on healing. Here’s how we support you:
- Compassionate Guidance: We take the time to listen to your story and explain your rights in plain terms.
- Thorough Investigation: Our team gathers evidence, interviews witnesses, and works with experts to build a strong case.
- Aggressive Advocacy: Whether negotiating a settlement or taking your case to trial, we fight for the justice and compensation you deserve.
Take Action For Your Loved One Today
If you’ve lost a loved one due to someone else’s negligence, don’t wait to seek legal advice. Louisiana’s one-year deadline for wrongful death claims means time is of the essence. Let Irpino Avin & Hawkins provide the compassionate guidance and skilled advocacy you need during this difficult time.
Contact us today for a free consultation with our experienced New Orleans wrongful death lawyers. Let us help you understand your rights, seek justice, and honor your loved one’s memory.