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.

Asked 7/17/2009 under Wrongful Death - Accidental Death | 308 View(s) | More Legal Topics

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Wrongful Death - Accidental Death Law Answers

David D. Kervin, Jr. / Law Office of David Kervin, Jr., LLC Answered 2 years ago | Contributor with 0 answers This attorney is licensed in Louisiana

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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