In Louisiana, punitive, or punishing damages, can be recovered against an intoxicated driver who causes a wreck. Under the law, a person is intoxicated if their blood alcohol level is 0.08 percent or more, or if they are under the influence of certain drugs.
When a loved one dies due to the negligence of an intoxicated driver, certain heirs may pursue damages by filing “wrongful death” and “survival” claims. Only certain heirs have the right to pursue such claims, to the preclusion of other heirs. For instance, if the decedent was married and had children, the spouse and/or the children can file such claims, but his/her parents and siblings could not. If the decedent was not married and did not have children, then his/her parents may pursue the claims.
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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.
