While most people do not expect anything abnormal to happen during their morning commutes, car accidents are still a very common occurrence. An accident involving three men from Monroe Louisiana shows how deadly accidents can occur even in clear daytime conditions. The law in Louisiana and other states allows for surviving family members to make a specific type of claim in these situations.
Men from Monroe involved in fatal crash
At approximately 10:45am on a Monday morning, the Louisiana State Police responded to a three vehicle crash in Ouachita Parish.
A pickup truck driven by a 19 year old man from Monroe was traveling Westbound on LA 34. At some point, this driver crossed over the center line and collided with another car that was traveling eastbound on the same road. The driver of the eastbound vehicle was killed immediately in the crash and another car following close behind him was also involved in the accident. The two other drivers sustained minor injuries and were transported to Glenwood Regional Medical Center.
The man who died as a result of the accident was 69 year old Lawrence Durham of West Monroe. The police do not believe impairment or any other criminal activity was a factor, but toxicology tests were taken to be examined during the investigation of the accident.
The wrongful death statute
The law does provide a remedy for the surviving family members of those who are killed in a car accident. Every state, including Louisiana, has some version of a wrongful death statute that allows certain surviving family members to make a claim for damages within a statute of limitations. A wrongful death action is essentially a way of helping the family pay for medical and funeral expenses, along with being compensated for the future wages and services the person would have provided if they had lived. In the case of a lawsuit against an individual person rather than a business, their car insurance liability coverage will probably end up paying out the damages rather than the individual person.
The relevant law is in the Louisiana Civil Code Section 2512. It states that a claim may be made when someone is killed through the wrongful action of a person or entity such as a business. This can include negligent conduct, intentional behavior, or reckless actions that result in the loss of a life.
The claim must be brought by the surviving spouse or children of the deceased person. If they are unavailable, siblings, parents, or even grandparents are also able to file the lawsuit on the dead person’s behalf. The law in Louisiana also allows these surviving family members to be compensated for non-economic damages such as emotional pain and suffering in addition to the economic losses mentioned earlier. One of the most important facts about wrongful death claims in Louisiana is the statute of limitations. The family only has one year from the time a person dies to file the claim, otherwise it will be dismissed. If someone you know has been killed in car accident it is imperative to talk to a lawyer as soon as possible.
Get legal help in Monroe now
If you live in Monroe or anywhere nearby in the state of Louisiana, there are expert accident attorneys who can make wrongful death claims on your behalf. Cambell, House, and Company Attorneys at Law have been filing personal injury claims and related lawsuits for people all over Louisiana for years. They can speak with you about a specific course of action based on your accident.