When an accident results in the deaths of one or more people involved, the civil law does provide ways for the family to receive assistance through legal action.
Police responded to the scene of a fatal accident in the Monroe area
Police believe that in the moments before the accident, a 69 year old man was driving his Chevy pickup truck eastbound on Grabault Road. For reasons that are still unknown, the driver began to veer off of the road and his vehicle struck a group of trees nearby. Officers from Louisiana State Police Troop F responded to the area around 7 pm and found the victim in the vehicle. He was wearing a seatbelt when they arrived, and they worked to remove him from the debris quickly to transport him to the hospital. He died shortly after arriving that same night.
An autopsy and a toxicology report were planned as part of the investigation, and the police still have not determined an exact cause.
Wrongful death lawsuits after a fatal collision
A victim’s family should be aware that every state has passed a law that allows them to stand in for their deceased relative and bring a lawsuit. The rules for going through this process are given in the wrongful death statute. Louisiana has a wrongful death statute like every other state in the U.S. The rules vary slightly from state to state, but the process is similar.
During the course of a wrongful death lawsuit, the plaintiff can argue for the victim’s future lost earnings, funeral and burial costs, and the value of other services the person routinely provided during the course of their life. In some cases, the sum of all of these amounts can be very substantial. Like all other personal injury claims, there is also an opportunity to argue for non-economic damages. These are related to losses that cannot be exactly quantified such as emotional pain suffered by the family and the victim’s own suffering in the time period between the accident and death.
What does Louisiana’s wrongful death statute say?
The case may initially be brought by either a spouse or child of the victim. If none of them are alive or available, the statute allows parents, siblings, or even grandparents to bring the case depending on the family’s situation. The person’s estate can file the lawsuit as a last resort if there are no family members.
There is a strict one year time limit to bring the action from the time of the victim’s death, so it is important to speak with a lawyer and start the process as soon as possible. A wrongful death case can be filed regardless of whether there are any criminal charges tied to the fatal accident or not.
A local firm in Louisiana can assist you
To get help after any kind of accident in Monroe or nearby towns, contact Campbell, House, and Company, Attorneys at Law. They provide superior service to local clients who are dealing with injuries and need to file a lawsuit.