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Will family file wrongful death claim after losing a child?

Losing a child may be the worst tragedy that many Louisiana parents could ever think of experiencing. Even in the face of such a tragedy, one family that lost a 5-year-old decided to give the gift of life to others by donating his organs. That may not keep them from pursuing some justice and restitution for his death through the filing of a wrongful death claim, however.

The accident ended up involving five vehicles. As happens often on Interstate 10, traffic backed up to a stop, but an 18-wheeler failed to stop for the traffic ahead. The truck ran into three vehicles. The impact pushed one vehicle underneath another truck that was ahead of it. The truck hit the back end of the vehicle the boy was in at the time of the accident.

The boy's mother required surgery for her injuries, and her wife was lucky enough to suffer only minor injuries. Unfortunately, medical personnel were not able to save the life of the woman's little boy. He lived for another two days before succumbing to his injuries. At last report, he remained on life support in order to harvest his organs. The family takes some solace from this action, but that may not keep them from exercising their legal rights.

The family of Cajun musicians may decide to file a wrongful death claim against the truck driver and his or her employer. The truck driver may face a count of negligent homicide in connection with the boy's death. The family could use the evidence Louisiana prosecutors present to the court, along with any conviction secured, to establish negligence in a civil case.

Source: theadvocate.com, "Child killed in major crash near Mississippi River bridge a 'hero' as organ donor, family says", Lea Skene, Sept. 28, 2017

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