This form is a general sample wrongful death complaint requiring the user to supply facts giving rise to the complaint.
Louisiana Complaint regarding Wrongful Death
State:
Multi-State
Control #:
US-PI-0306
Format:
Word;
Rich Text
Instant download
Description
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How to fill out Complaint Regarding Wrongful Death?
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FAQ
If you have a loved one who passed away as a result of an injury or accident that involved the misconduct or negligence of a company or individual, you may be able to file a wrongful death lawsuit against those who were responsible for your loved one's death.
What Is a "Wrongful Death" in Louisiana? In Louisiana, a "wrongful death" occurs when "a person dies due to the fault of another."(La. Civ. Code § 2315.2 (2021).)
You do not have to prove wrongful death beyond a reasonable doubt. Instead, you must prove it is at least 51 percent likely the death was wrongful; this burden of proof is called the ?preponderance of the evidence.?
The death could be caused by another human being, or it can be the result of wrongdoing by an entity (like a corporation), including through: a negligence-based incident (such as a car accident) medical malpractice, or. an intentional act (including a crime).
2315.2. A. If a person dies due to the fault of another, suit may be brought by the following persons to recover damages which they sustained as a result of the death: (1) The surviving spouse and child or children of the deceased, or either the spouse or the child or children.
The right to recover all other damages caused by an offense or quasi offense, if the injured person dies, shall survive for a period of one year from the death of the deceased in favor of: (1) the surviving spouse and child or children of the deceased or either such spouse or such child or children; (2) the surviving ...
A police report is a critical document that insurance companies require when surviving family members pursue a wrongful death claim. It may contain valuable information related to the cause of the death (officer's opinion), witness statements, and other evidence.