QUESTION
When filing a civil suit due to a fatal car accident, do all of the children of the deceased have to file or can one child file?
Asked on Jul 11th, 2017 on Civil Litigation - Louisiana
More details to this question:
Brother was killed in car accident. He has two adult children and two other children, five and eight. Will this have to be a joint suit with all children included or can one of the adult children file the suit?
1 ANSWER
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This is not a completely simple question.
One child can file. However, the other children are likely "indispensable parties", and the defendant(s) may file an "exception" for "failure to join indispensable parties. The court would have to determine at that time how to proceed without the other children.
Is there a reason why the other children do not wish to file? I could be more specific if I knew a few more details.
Best wishes,
jukie quinn
Answered on Jul 17th, 2017 at 5:11 AM