Who Can File for a Wrongful Death in a Shreveport Big Rig Truck Accident?
If wrongful and negligent actions by a big rig 18-wheeler truck cause an accident that results in someone being killed, Louisiana allows a wrongful death insurance claim or lawsuit to be filed. The wrongful death cause of action is allowed by statute. See La. C.C. Article 2315.2. Pursuant to the statute, the insurance claim and lawsuit may be brought by certain family members of the deceased person for their losses. These losses are NOT the losses suffered by the person who was killed. If the person did not die immediately because of the truck accident, then those losses could include medical bills, pain and suffering, etc.
In a Louisiana wrongful death claim, the compensation being sought is for some categories of economic damages. This includes
Funeral and burial costs
Bills and costs of the deceased person's final medical bills
Any other out-of-pocket costs suffered by the surviving family
A wrongful death claimant can also seek compensation for other types of losses that are non-economic in nature. These include
Loss of society
Loss of companionship
Loss of consortium (for the spouse of the deceased)
Loss of love and affection
Loss of support and benefits -- such as health care insurance coverage
Loss of services
Loss of future income
And more
In some cases of extreme negligence and reckless behavior, it is possible to recover punitive damages. Punitive damages are not compensation but, rather, punishment levied against the wrongdoer for their wrongful behavior. If a loved one has been killed in a big rig truck accident, one may benefit from a consultation with an experienced Shreveport wrongful death 18-wheeler accident attorney like the ones at the Law Office of Philip B. Adams. Act quickly since there is a one-year deadline after the death for filing your wrongful death case. The deadline is strict, and if you miss the deadline, you will not be able to file your case.
However, it is important to note that not every member of the surviving family can file a wrongful death action. The wrongful death statute identifies who can file a wrongful death action. First, a claim can be brought by the surviving spouse and child or children of the deceased. The claim can be brought by one, some, or all of these individuals. If there is no surviving spouse, then the children have the right to assert the wrongful death claim.
If the deceased person left no spouse or children, then the wrongful death claim can be filed by any surviving parents. Both can file or either of them if both remain living. If the deceased person left no spouse, child, or parent surviving, then any or all of the surviving brothers and sisters can file the claim. Finally, if the deceased left no spouse, child, parent, or siblings, the claim can be filed by any or all living grandparents.
Contact A Louisiana Personal Injury Attorney Today
For more information, contact the Law Offices of Philip B. Adams. If you have been injured in a Louisiana accident, our Louisiana personal injury lawyers can help you recover the full compensation you are entitled to according to Louisiana law. To contact us, complete our "Contact Us" page here. You may significantly benefit by having an attorney with legal competence and experience assist you with your Louisiana personal injury case. We have offices in Shreveport and handle personal injury cases throughout all of Louisiana. Thank you for reading this blog post and visiting our website.