Who Can File a Wrongful Death Lawsuit After a Fatal Car Accident?

The surviving spouse, children, parents, siblings, grandparents, or other family members of a deceased person (decedent) may file a wrongful death lawsuit after a fatal car accident.

A New Orleans wrongful death lawyer can tell you if you’re eligible to sue if you lose a family member in a fatal car crash.

File a Wrongful Death Lawsuit After a Fatal Car Accident Involving a Member of Your Family

In Louisiana, you can generally file a wrongful death lawsuit after a fatal auto accident in which you lose a member of your family. However, Louisiana has rules that apply to wrongful death lawsuits that dictate the order in which family members can seek compensation from liable parties.

Typically, a parent or child of a decedent may file a lawsuit on behalf of their late family member. If the decedent doesn’t have a surviving parent or child, their parents may file a wrongful death lawsuit. When there are no surviving parents, the decedent’s siblings can sue. After the decedent’s siblings, their grandparents, and other family members may submit a lawsuit.

Scott Vicknair Injury Lawyers know how emotionally taxing a wrongful death lawsuit can be as you cope with the tragic loss of your loved one.

Our team has 121 years of combined experience and will use what we know to assist you with your wrongful death case in any way possible. For more information, schedule a free case review.

Don’t Wait to File a Wrongful Death Lawsuit in the Aftermath of a Fatal Car Crash

If you are interested in filing a wrongful death lawsuit after a fatal car accident, remember, you have a limited amount of time to do so. Per Louisiana Civil Code Article 2315.2, the statute of limitations for most wrongful death claims is one year. Beyond this window, you may lose the right to ask for compensation from anyone liable for your loved one’s fatal auto accident.

Consult with a New Orleans car accident lawyer if you want to submit a wrongful death lawsuit based on your loved one’s fatal auto crash. Your attorney can look at traffic camera footage of this accident, interview witnesses, and do other things to investigate. They can identify any responsible parties and request compensation for you in accordance with Louisiana law.

As your lawsuit moves forward, your lawyer will explore many legal avenues in the hopes of achieving case results that match your expectations.

They may receive a settlement that allows you to resolve your case outside of court. Alternatively, if a trial is necessary, your attorney is ready to present your case to a judge or jury.

Filing a Wrongful Death Lawsuit Following a Fatal Car Crash Is an Opportunity to Pursue Justice and Damages

Ultimately, it’s a big decision to file a lawsuit for a wrongful death relating to a car accident. Your wrongful death attorney empathizes with you and your family as you cope with the devastating loss of your family member. They may encourage you to sue for damages if you want to seek justice and damages simultaneously.

Losing a family member in a fatal auto accident is incredibly sad. Filing a lawsuit won’t change the past, and you and your loved ones will have to deal with your loved one’s loss for the rest of your lives.

Yet, your lawsuit allows you to hold an at-fault party accountable for the harm that they’ve caused. It may prompt this party to take steps to avoid negligent acts moving forward.

Along with this, your lawyer is familiar with the common causes of wrongful death accidents and the losses associated with such incidents. In your lawsuit, they may help you get economic and non-economic damages for burial and funeral expenses, medical bills, pain and suffering, and other losses from your family member’s death.

Steps to Take If You Want to Submit a Wrongful Death Lawsuit for a Fatal Auto Crash

Ask for help from a lawyer with relevant case experience if you want to submit a lawsuit for a wrongful death based on an auto accident.

Your attorney can guide you through the process of filing your lawsuit, which consists of these steps:

1. Verify your eligibility for suing for damages.
2. Identify any parties responsible for your family member’s fatal auto accident.
3. Gather witness statements, accident scene photos, and other evidence to support your lawsuit.
4. File your compensation request before the statute of limitations in which you’re legally permitted to do so elapses.
5. Trust your attorney to negotiate a settlement with a liable party and get your case ready for trial.

If your case reaches trial, your lawyer wants to prove that a party acted negligently and should compensate you. They may present an argument centered on negligence, as doing so could compel a judge or jury to award damages.

Let Your Lawyer Address Legal Challenges in Your Wrongful Death Lawsuit for a Fatal Auto Crash

Even if you have a strong case for getting compensatory damages from anyone at fault for your loved one’s fatal auto accident, it may be difficult to prove negligence. Thankfully, once your lawyer files your wrongful death lawsuit for your fatal auto accident, they can put together an argument around negligence that may resonate with a judge or jury.

To show negligence, your attorney may highlight how the defendant breached their duty of care. In your lawyer’s argument, they may illustrate how the defendant committed a careless or reckless act, endangered your family member, and caused their fatal car accident.

In addition, your lawyer may detail how you have incurred losses due to your loved one’s death. They may share pay stubs, medical bills, and other evidence with a judge or jury to argue why you deserve compensation. If a judge or jury finds that the defendant is fully responsible for your loved one’s fatal accident, you may get fair compensation.

Learn More About Who Can File a Wrongful Death Lawsuit Following a Fatal Car Accident

Scott Vicknair Injury Lawyers gives you access to a legal team that will answer your questions about who is eligible to file a wrongful death lawsuit after a fatal car accident.

To find out more, request a free wrongful death case review.