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Question: Wrongful Death - Accidental Death - Louisiana

Asked on 7/17/2009
Alabama Wrongful Death Malpractice
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.

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Answers (2):

M.D., Member in Good Standing of the California and New York Bar


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.



  • Answered on 7/17/2009
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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



  • Answered on 7/17/2009
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