Wrongful death lawsuits in Louisiana can generally only be brought by the person or persons that the law considers their designated beneficiary. If the victim was married, then the spouse and/or children will be the designated beneficiaries. Children may also file a separate suit in cases where a parent has died. If the victim was unmarried, then parents have the right to bring an action to recover damages for wrongful death. If the victim has no surviving spouse or parents, then siblings may bring an action against the responsible party. There are complexities to most areas of law, and wrongful death suits are no exception. Who is eligible to file, and under what circumstances, can be confusing, especially in large, close-knit families, where the desire to punish a negligent party can run deep. When your family has lost a loved one to another person’s negligence, your best course of action…Read More
Every wrongful death case is different, and every situation brings its own set of facts into play. In general, to prove negligence, a plaintiff must show that the other party failed to exercise a reasonable amount of care in the conduct of whatever actions are involved in the case. Some instances can be relatively straightforward to prove. A drunk driver who causes a wreck that results in the death of another driver or passenger is negligent by the fact of being drunk and driving. Not only is this illegal, but it’s almost impossible to make the case that the drunk driver exercised a level of care in their decision making that would be considered reasonable. In other wrongful death cases, it can be more difficult to show negligence. Because of the wide array of cases that The Gertler Law Firm handles for injured parties and their loved ones in New Orleans, we…Read More
