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Who Can File a Wrongful Death Lawsuit? Marksville Accident Attorney Has the Answer

No experience can match the heartbreak of losing a loved one. This is especially true when a family member dies unexpectedly due to the negligent or malicious actions of another person.

In addition to the emotional hardship of such a tragedy, surviving family members often face overwhelming debt due to medical bills, lost income, and funeral costs. Although no amount of money can undo your grief, you may be able to restore financial stability by filing a wrongful death lawsuit.

In the state of Louisiana, the following parties can file a wrongful death lawsuit:

  • The surviving spouse, child, or children of the victim, or either the spouse, or the child, or children;
  • If the deceased had no spouse or child, the surviving father and mother, or either the father or mother, can file the wrongful death lawsuit;
  • If these parties are not available, the sisters or brothers, or any sibling of the deceased, can file the lawsuit; or
  • The surviving grandparents of the deceased, or any grandparent, can file the lawsuit.

Identifying the right party to file the lawsuit is just one step in the complicated proceedings that follow a wrongful death. Gathering evidence, calculating damages, and litigating these cases requires a comprehensive knowledge of Louisiana statutes and refined courtroom experience. This is where an accident attorney can help.

If a member of your family was a victim of wrongful death, turn to Laborde Earles Law Firm. Our legal team will help you navigate the claims process and fight for the maximum payout. Call 800-522-6733 today to arrange a free initial consultation with an injury lawyer in Marksville.

What Damages Can I Claim in a Wrongful Death Lawsuit?

The answer to this question depends on the specific facts of your case. The following damages may be recoverable in a wrongful death lawsuit in Louisiana:

  • Healthcare bills the deceased incurred due to his or her final injury or illness;
  • Funeral and burial costs;
  • Loss of household services;
  • Lost income and benefits;
  • Property damage;
  • Pain and suffering your loved one endured due to his or her final injury or illness; and
  • Loss of companionship, guidance, emotional support, and care.

Important Evidence in Wrongful Death Cases

Depending on the specific facts of your case, your attorney may use the following evidence to support your wrongful death claim:

  • Healthcare bills and records;
  • Tax returns of the deceased;
  • Documentation to prove lost wages and benefits;
  • Receipts for funeral and burial expenses;
  • The police report;
  • The autopsy report;
  • The death certificate;
  • Documents that establish the relationship between the deceased and the defendant;
  • Photographs and timelines;
  • Eyewitness testimonies;
  • Testimonies from accident reconstruction experts; and
  • Testimonies from financial and medical experts.

If you lost a family member due to the malicious or negligent actions of another person, turn to Laborde Earles Law Firm for comprehensive legal guidance. A Marksville accident attorney will relentlessly help you fight for the maximum compensation. Schedule a free initial consultation by ca