Determining the appropriate place (venue) in which to file a wrongful death lawsuit in Louisiana depends on many factors. Generally, if the death occurs in Louisiana, the lawsuit could be filed in State Court in the Parish where the incident occurred, or where any of the defendants reside or have their main offices. If any of the defendants are citizens of a different state than the plaintiff, then the lawsuit may be filed in Federal Court.
Also, keep in mind that in Louisiana, only certain relatives have the right to file a wrongful death or survival action on behalf of the decedent. For instance, if the decedent left a wife and children, they would be able to file the claims and the decedent’s parents or siblings would not be able to do so.
Deciding where to file a wrongful death lawsuit is an important decision. Filing in the wrong place can result in severe consequences and can even risk having the case thrown out of Court.
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Our legal library is full of articles on a variety of topics related to personal injury claims in Louisiana. Learn about how accidents happen, what to do when you are a victim, and how an attorney can help you fight for the compensation you may deserve.
