St. Helena Parish Wrongful Death Lawyer
When a loved one dies unexpectedly, it can have a tremendous impact on surviving family members. In addition to the emotional toll, families that relied on their deceased loved one’s income can suddenly find themselves financially insecure.
If the unexpected death of your loved one stemmed from another person’s negligence, a compassionate personal injury attorney might be able to help you and other surviving dependents recover monetary damages through a survival action and wrongful death lawsuit. To learn more about your legal options, contact a St. Helena Parish wrongful death lawyer today.
Wrongful Death Laws
Louisiana defines a wrongful death lawsuit as one which seeks monetary damages when a “person dies due to the fault of another.” Specifically, a plaintiff may recover compensation through a wrongful death suit when their loved one died due to negligent, reckless, or intentional conduct. According to state law, a wrongful death or survival action lawsuit may be brought against either a person or a business entity.
The purpose of a wrongful death claim is to allow for financial recovery when the injured party can no longer file a lawsuit. An experienced St. Helena Parish wrongful death attorney may be able to help a family pursue damages designed to cover expenses related to a family member’s death, as well as support surviving family members who may be facing financial struggles due to the deceased’s passing. For help with filing a lawsuit, consult with a knowledgeable lawyer.
Identifying Appropriate Wrongful Death Plaintiffs
State law provides limits on who may file a wrongful death lawsuit. To avoid competing claims and confusion, the law establishes a hierarchy that identifies which parties have priority when filing a wrongful death claim. If the person at the top of the hierarchy is unable to pursue a claim, the right to sue continues down the list until a viable plaintiff becomes available.
The following parties have the right to file a wrongful death suit in Louisiana:
- Surviving spouse or children
- Surviving parents
- Surviving siblings
- Surviving grandparents
If there are no qualifying relatives that fit within this hierarchy, the deceased person’s estate may file the wrongful death suit. The damages the estate may seek are limited compared to those of a surviving relative, so it is essential to ensure the correct party is in control of a lawsuit.
Exceptions to this Hierarchy
There are exceptions to the hierarchy of wrongful death claimants in certain situations. For example, a parent who abandoned the deceased as a child may have no claim to their cause of action for wrongful death. Likewise, a family member convicted of a crime related to the death of the deceased person would be barred from bringing a wrongful death action.
The rules surrounding the appropriate plaintiff in a wrongful death case can be complicated. A St. Helena Parish lawyer with experience in wrongful death claims can help a potential representative determine if they are eligible to file a lawsuit on behalf of their loved one.
How a St. Helena Parish Wrongful Death Attorney Can Help
Recovering the wrongful death and survival action compensation you deserve can be difficult without legal guidance. A compassionate St. Helena Parish wrongful death lawyer can help you and your family get through this difficult time by taking some of the legal burdens off of your shoulders. Call today to learn how an attorney can help you with your case.