After a loved one passes away, family members are not only dealing with grief but are also figuring out how to pay for necessary bills and close an estate. These processes can be complex and time-consuming, and it is crucial to contact a skilled wrongful death attorney from Tomeny | Best for help understanding your options for bringing a lawsuit.
The Lafayette wrongful death statute of limitations is only one year from the date of death. If you do not file within that year, you may be unable to file a claim at all. When you are unsure about whether you want to file a lawsuit, it is essential to consult a practiced lawyer from our firm for help.
Understanding Wrongful Death
Under Lousiana Civil Code Art. 2315.2, a wrongful death action exists whenever another person causes someone’s death. Death can be the result of action or inaction as long as the behavior is either a type of negligence or an intentional act.
Wrongful death claims are a subtype of personal injury claims. A wrongful death claim also goes beyond a personal injury lawsuit because it addresses the losses that the family sustained. A Lafayette attorney could help people understand the potential damages available in a wrongful death claim by reviewing all the relevant facts surrounding a case and ensuring they take action within the statute of limitations.
Defining Surviving Family Members
Not every person has the right to bring a wrongful death lawsuit in Lafayette under the statute of limitations, and it requires the existence of a legally recognized relationship. Additionally, there is a priority list for who can file a claim. It starts with a deceased’s spouse and/or children. Spouses and children have the same priority, which can be beneficial in a step-parent scenario. If the deceased did not leave a surviving spouse or children, then their parents can bring a claim, followed by siblings, then grandparents.
If someone opts out of bringing a suit, it does not mean that the right passes to the next group. In order for the next group to become eligible, the priority group must not have any surviving members. However, the law recognizes several types of familial relationships, including those by adoption and by marriage.
Cases Where a Parent Abandoned a Child
When a parent abandoned the deceased during their childhood, they will likely not be able to file a wrongful death claim. In fact, the law treats them as if they are not survivors. This would allow surviving siblings to file a claim rather than a parent who abandoned a child. To find out if someone can bring a lawsuit, it is crucial to consult an experienced attorney from Tomeny | Best who handles wrongful death claims.
Contact a Lafayette Attorney for Help Understanding the Wrongful Death Statute of Limitations
One of the first issues to consider when planning a wrongful death claim is whether you are inside the statute of limitations. Louisiana gives people a shorter time frame than most states as you only have a year to bring the claim, though rare exceptions exist.
When you want to file a wrongful death claim, consult with a well-versed attorney as soon as possible who could provide plenty of information about the Lafayette wrongful death statute of limitations as it applies to your situation. Schedule a free consultation with the legal team at Tomeny | Best today.
