Alabama Wrongful Death Malpractice
Question Details: May the daughter of the deceased file a wrongful death suit without the support or involvement of the deceased's wife? My mother is very ill, and I would prefer for her not to be involved.
Wrongful Death - Accidental Death Law Answers
Hello,
Yes, the daughter of the deceased may bring a wrongful death suit in Louisiana. My question to you is, did the death/malpractice happen in Alabama or Louisiana?
David
This is covered by Lousiana Civil Code Article 2315.2. This article basically states that if a person dies due to the fault of another, suit may be brought by, among others, the surviving spouse and child or children of the deceased, or either the spouse or the child or children.
You should note, a wrongful death claim must be brought within 1 year of when the death occurred.
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