Laborde Earles Injury Lawyers FAQ |

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 Injury Lawyers. Our legal team will help you navigate the claims process and fight for the maximum payout. Call (337) 777-7777 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 Injury Lawyers for comprehensive legal guidance. A Marksville accident attorney will relentlessly help you fight for the maximum compensation.


Back to Frequently Asked Questions

View More FAQs Trusted Voices Sharing What Matters

FAQ What Is the Leading Cause of Intersection Accidents?

Failing to stop at a red light, trying to run a yellow light, and not yielding the right of way to another driver are some of the most commo...

Read Full FAQ

FAQ Are Intersections Dangerous?

Intersections can prove to be one of the most dangerous places on the road for drivers. Making split-second decisions and executing them saf...

Read Full FAQ

FAQ How Do You Avoid Intersection Accidents On I-10?

Staying alert while driving is one of the best ways to prevent an accident. Driving is one of the main ways we commute to and from work, sch...

Read Full FAQ

FAQ What if My Bicycle Accident Claim Was Denied by Esurance?

If your bicycle accident claim was denied by Esurance Auto Insurance, you do not have to accept it. You have the legal right to appeal the d...

Read Full FAQ

FAQ What if My Bicycle Accident Claim Was Denied by National General Insurance?

Every day in Louisiana, people are injured in bicycle accidents. If you happen to be one of those bicycle accident injury victims, the best-...

Read Full FAQ

FAQ What if My Bicycle Accident Claim Was Denied by USAgencies Insurance?

If you were injured in a bike accident and your claim was denied by USAgencies, you can appeal the decision. However, denial is not the end ...

Read Full FAQ

FAQ What if My Bicycle Accident Claim Was Denied by State Farm?

If you have been injured in a bicycle accident and filed a claim against the at-fault party’s automobile liability insurance company, you mi...

Read Full FAQ

FAQ What If My Bicycle Accident Claim Was Denied By Geico?

Geico held over 44 billion in admitted assets at the close of 2020, further solidifying the company’s presence as one of the nation&rs...

Read Full FAQ

FAQ What If My Bicycle Accident Claim Was Denied By USAA?

USAA is one of the largest insurance companies across the U.S. Unfortunately, it doesn’t stay that way by paying every claim that is submitt...

Read Full FAQ

FAQ What If My Bicycle Accident Claim Was Denied by Louisiana Farm Bureau?

If you have been injured in a bicycle accident and your claim was denied by Louisiana Farm Bureau, you can file an appeal with the insurance...

Read Full FAQ

Guidance you can trust, from people who actually know.

View All FAQs View All Articles

Get Legal Help Today Talk to a Louisiana Local Attorney Today

25+ Attorneys Collaboration on every case

Call Anytime Speak to our local team 24/7

(337) 777-7777
This field is required.
This field is required.
This field is required.
This field is required.
This field is required.
Send Message
Accessibility: If you are vision-impaired or have some other impairment covered by the Americans with Disabilities Act or a similar law, and you wish to discuss potential accommodations related to using this website, please contact our Accessibility Manager at (337) 777-7777.