How to Prepare for a Wrongful Death Lawsuit
When a person is injured in a traffic collision or in another kind of incident, the steps that must be taken in order to file a claim for compensation might seem a bit clearer since the person filing the lawsuit was there at the scene of the injury. For example, the injured person might know to collect any evidence, to take photographs, and to identify potential witnesses. The injured person also might know to seek medical attention quickly, and then to talk with a lawyer about timelines for filing a claim. However, the steps that need to be taken in advance of a wrongful death lawsuit can seem much less clear and often feel more complicated for surviving family members.
How can you prepare for a wrongful death lawsuit? Consider the following information from our Shreveport wrongful death attorneys.
Learn About Louisiana Wrongful Death Law and Who Can File a Claim
Before you consider filing a wrongful death lawsuit in Louisiana, it is important to learn more about wrongful death law in Louisiana — since these laws are state-specific — and to understand whether you are eligible to file one of these types of lawsuits. Generally speaking, wrongful death lawsuits can be filed when a person dies due to the negligence of another party, or due to the intentional wrongdoing of another party. You can be eligible to file a wrongful death lawsuit in Louisiana if you are a surviving spouse, child, parent, sibling, or grandparent of the deceased (in that order). The personal representative of the deceased’s estate may also be eligible to file a claim.
Know the Timeline for the Case
Louisiana law requires that all wrongful death lawsuits be filed within one year from the date of the deceased’s death. As such, you will need to make sure that you remain aware of this date if you have not yet filed a claim. Keep this date noted on your calendar, and be sure to talk with a wrongful death attorney well in advance of this deadline.
Determine Who Is Liable for Your Loved One’s Wrongful Death
Next, you should begin working with an attorney to determine who is liable for your loved one’s death, and thus who can be sued in a wrongful death lawsuit. In some cases, more than one party may be liable, and it may be possible to file a wrongful death lawsuit naming multiple parties. Naming multiple parties in a wrongful death claim can be particularly beneficial if one of the parties has much deeper pockets than the other(s) and may be able to more readily pay damages.
Begin Gathering Evidence and File Your Claim
With your lawyer’s help, you can begin gathering evidence and you can file your claim. At Rice & Kendig, LLC, we gather many of the most important documents and materials you will need for you, including medical records and police reports.
Contact a Shreveport Wrongful Death Attorney
If you recently lost a loved one in a deadly traffic collision or in another fatal incident, it is important to find out more about filing a wrongful death claim. We know how difficult it can be to consider a lawsuit when dealing with the emotional and physical effects of losing someone you love. Yet wrongful death claims do have a relatively short statute of limitations, and these types of cases can allow surviving family members to hold wrongdoers accountable while also recovering damages to help pay for the financial losses associated with a loved one’s untimely death. Do not hesitate to get in touch with one of the experienced Shreveport wrongful death lawyers at Rice & Kendig, LLC for assistance.
Source:
legis.la.gov/legis/Law.aspx?d=109371
