Losing a family member because of someone else’s negligence creates an overwhelming emotional burden. It also raises complicated legal questions, especially when several relatives want to pursue compensation. Louisiana’s wrongful death laws establish a clear hierarchy about who can file a claim, but real-world situations often blur these lines.
Who Has The Legal Right To File
Louisiana law doesn’t allow just anyone to bring a wrongful death lawsuit. The state created a specific order of priority that determines which family members can take legal action. The surviving spouse and children get top priority. If your loved one was married or had kids, they’re the ones who can file. This applies whether the children are minors or adults. In situations where there’s no surviving spouse or children, the right passes to the deceased person’s parents. If the parents are no longer living, siblings can file the claim. This hierarchy exists to prevent multiple lawsuits over the same death. The law aims to consolidate claims and distribute any recovery fairly among eligible family members.
What Happens When Family Members Disagree
Disagreements among family members can stall a wrongful death case before it even starts. Maybe a surviving spouse wants to settle quickly, while adult children want to take the case to trial. Perhaps siblings can’t agree on which attorney to hire or whether to file at all. A Metairie wrongful death lawyer can help navigate these conflicts. Since only one wrongful death claim can be filed, the family members with the legal right to sue need to reach a consensus about how to proceed. If they can’t agree, Louisiana courts may appoint a representative to act on behalf of all eligible survivors.
Separate Claims Vs. One Combined Action
Louisiana law distinguishes between a wrongful death claim and a survival action. Understanding this difference matters when multiple family members are involved. The wrongful death claim belongs to the survivors and compensates them for their losses:
- Loss of companionship and support
- Mental anguish and suffering
- Lost financial contributions
- Funeral and burial expenses
A survival action is different. It represents the deceased person’s own claim for what they experienced between the injury and death, such as pain, suffering, and medical expenses. The succession representative typically handles this type of claim. Both actions can proceed simultaneously, but they serve different purposes and compensate for different losses.
Dividing The Recovery
When a wrongful death settlement or verdict comes in, Louisiana law determines how the money gets divided. The court doesn’t split it equally among everyone who lost a loved one. If a spouse and children survive, they typically share the recovery. The exact division depends on factors like how many children there are, their ages, and their relationship with the deceased. Courts consider things like financial dependency and the closeness of family relationships. When parents file because there’s no spouse or children, they generally split any recovery between them. The same applies to siblings who file after both parents have passed away.
Time Limits And Taking Action
Louisiana gives families one year from the date of death to file a wrongful death lawsuit. This deadline is strict, and missing it usually means losing the right to compensation forever. This time limit creates pressure, especially when family members disagree about whether to file or how to proceed. Waiting too long while trying to reach a family consensus can destroy everyone’s legal rights. Kiefer & Kiefer understands that families dealing with wrongful death face both grief and difficult legal decisions. Getting legal guidance early helps preserve your rights while giving your family time to make informed decisions together. Contact us today.
