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The sudden passing of a loved one due to an accident is a traumatic event to a family. Factually, most so-called accidents whether work-related, a drunk driving accident or the result of medical malpractice could have been avoided with more thought and care. Have you lost a loved one due to a needless accident or reckless behavior of another? If so, our hearts go out to you.
We understand this is a difficult and stressful time. We also know that in moving through the grieving process needing to know what happened and answers as to how this could happen and the desire to prevent it from happening to others can be very strong. We offer our guidance and assistance. Morris & Dewett Injury Lawyers has successfully helped numerous surviving family members throughout the area to get answers to these and other questions. Consult a Shreveport wrongful death attorney to find out more. We offer free case evaluations!
The sudden loss of a loved one through a preventable accident is an injustice. The criminal court system may not be effective in obtaining a fair outcome. Most fatal accidents take a financial toll on the surviving family if only in medical and final costs.
The survivors may suffer other losses as well, such as:
Although there are certainly plenty of people who are directly affected by the death of a loved one, both emotionally and financially, not just anyone can file a wrongful death case. Instead, Louisiana State legislation mandates that only certain family members can create the lawsuit and that they only do so if a party with more priority does not exist to do so. The family or representative of the decedent’s estate may bring suit for wrongful death and recover damages from those responsible.
In order based on who has the most priority, the people who can file a wrongful death lawsuit are:
and no one has been named to represent or manage the decedent’s estate, there can be no wrongful death claim. It is also worth noting that adopted family members are eligible for filing but parents who had willfully abandoned the decedent do not.
Furthermore, there is only a brief one year statute of limitations on wrongful death cases in Louisiana; if no claim is filed within the first 12 months after the decedent’s passing, virtually no claim for compensation can be made at all, regardless of evidence of negligence or wrongdoing. Most cases are settled out of court, but as members of the Multi-Million Dollar Advocates Forum®, our legal team develops the case to go to trial and is ready to go toe-to-toe with the defendant’s attorneys if that is what it takes to see justice done.