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Will accident victim's family file a wrongful death claim?

Losing a loved one is never easy, but when that loss comes unexpectedly and violently, it can devastate those left behind. In the aftermath of such a loss, a family may not be thinking about the financial impact of it. However, at some point, monetary losses could prompt surviving family members to seek restitution through the filing of a wrongful death claim.

The surviving family members of a 32-year-old Louisiana man may consider filing such a claim in the aftermath of his death. According to preliminary reports from the Louisiana State Police, the man was riding a motorcycle at the time of the crash. As he headed west on Louisiana 36, a vehicle traveling in the opposite direction began turning left into the rider's path.

The Louisiana rider was unable to avoid the resulting collision with the passenger's side of the vehicle. Emergency medical personnel were able to get the man to a hospital in the area, but it was too late. He died due to the injuries he suffered in the collision. The helmet he wore was simply not enough to save his life.

Despite no presence of alcohol in a breath test, a toxicology sample was taken from the 52-year-old driver who pulled out in front of the motorcycle as a routine part of the investigation. Once the results of those tests are returned and the investigation is complete, prosecutors will determine what charges, if any, should be filed against the surviving driver. In the meantime, the family of the victim must deal with his loss.

It may not be their first consideration, but a funeral and burial can be expensive. In addition, many families who lose loved ones in accidents relied on the victim's income, and could sustain significant monetary losses because of it. A successful wrongful death claim that establishes that the death was caused by the negligence of another could provide much needed restitution.

Source: nola.com, "Motorcycle accident claims life of Covington man", Kim Chatelain, May 18, 2017

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