Does It Matter Who Files A Louisiana Wrongful Death Claim?

Personal injury attorney Grady J Flattmann, accident injury expert in Covington, LA. also serving Mandeville, Madisonville, Bogalusa, Abita Springs, Folsom, Franklinton, Hammond, Ponchatoula, and surrounding St Tammany Parish, Tangipahoa Parish, and Washington Parish
Answered by
Grady Flattmann

Yes, in Louisiana the laws are very specific as to the family member(s) who have the right to file a claim or lawsuit for the wrongful death of a loved one.  

In Louisiana, only certain people may bring wrongful death and survival claims.  Pursuant to Louisiana Civil Code Articles 2315.1 and 2315.2, the following people may bring the actions to the exclusion of those below them on the list:

1. The surviving spouse and child or children or either the spouse or child;

2. The surviving father and mother, or either of them;

3. The surviving brothers and sisters, or any of them; and

4. The surviving grandfathers and grandmothers, or any of them.

Therefore, it is important to consult with an experienced wrongful death attorney as soon as possible in order to understand your rights.  

Schedule a free, confidential consultation with Flattmann Law today.

When you hire us, rest assured that an attorney handles your case. Your
file won’t be handed over to a junior attorney or secretary. Communication is a cornerstone of our firm.

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