Can Family Heirs Recover Punitive Damages Against A Driver Who Caused A Death?

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.  

Louisiana Wrongful Death Lawyer Grady Flattmann

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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Has Your Loved One Died Due To The Negligence Of Others?

If you lost a family member due to a negligent act you need to speak with an experienced Covington area wrongful death attorney as soon as possible. Please contact me online or call my Covington office directly at 985.590.6182 to schedule your free consultation today. I help families throughout Louisiana including Mandeville, Slidell, Bogalusa, Franklinton, Hammond, New Orleans and Metairie.

Grady Flattmann
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Local Covington, Louisiana attorney focusing 100% on personal injury matters.