Our Wrongful Death Frequently Asked Questions

How can I prove negligence was the cause of my husband’s fatal truck accident? Who is liable when a defective crib killed my baby? Who can file a wrongful death claim in Louisiana? Our attorney provides detailed answers to questions like these and many more in our wrongful death FAQ. 

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  • Should I Talk With The Insurance Company After My Loved One’s Wrongful Death In Louisiana?

    No.  After a loved one’s wrongful death, the at-fault insurance company will immediately look for any way they can reduce the amount of money they may ultimately owe.  With very few exceptions, there is no reason to talk with the insurance company.  
     
    Instead, if you suspect that a loved one’s death was caused by someone else’s negligence, it is very important to speak with a skilled wrongful death attorney.  We offer free and confidential consultations to grieving families.  At the consultation, we can talk about your rights and answer questions such as: 
     
    How to file a wrongful death insurance claim?
    Which family members have the right to pursue a wrongful death or survival claim?
    What kind of claims do you have?
    Who is at fault?
    How to preserve evidence?

    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.

  • Is It Possible A Wrongful Death Case Will Settle Out Of Court?

    Yes.  Just like any personal injury case, it is possible that a wrongful death case may be settled, either before having to file a lawsuit, or, if a lawsuit is filed, prior to going to trial before a judge or jury.  While every case is different, whether a case may be settled “out of Court” depends on many factors, including the value of the case and the willingness of the insurance company to be reasonable.  At our firm, we prepare every case as if we are going to trial.  Also, our clients are kept up to date every step of the way so that they are well-informed and feel comfortable when making decisions regarding the direction of their cases.  

    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.

  • How Long Do I Have To File A Wrongful Death Claim In Louisiana?

    Typically, in Louisiana a wrongful death claim must be filed within one year of the date of a person’s death. In very limited circumstances, there may be exceptions to that rule, such as when the cause of death is not known within the year. It is important to note also that only certain family members are allowed to bring a wrongful death claim in Louisiana. Also, some family members may have other claims related to a loved one’s death, known as a “survival” action. It is important to consult with an experienced wrongful death attorney who can help a grieving family navigate through these important issues and to make sure the family’s rights are protected. 

    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.

  • Who can file a wrongful death claim in Louisiana?

    Louisiana Wrongful Death Attorney Flattmann LawA wrongful death claim is a type of civil action that allows the loved ones of someone who has been killed due to another party's negligence to seek damages in court. While the settlement funds can't bring back the deceased, it can help make up for the financial stresses facing the decedent's family.

    Determining Who Can File a Wrongful Death Claim

    Under Louisiana law, only certain family members are eligible to file a wrongful death claim. The following is a brief overview of who can file the claim:

    • If the deceased was married or has children, the surviving spouse or children of the deceased person can file the claim.
    • If the deceased person was not married or has no children, the surviving parent or parents can file the claim.
    • If there is no spouse, children, or parents, the surviving siblings of the deceased person can file the claim.
    • If there is no spouse, children, parents, or siblings, the surviving grandparents of the deceased person can file the claim.
    • If there are no surviving family members, the estate of the deceased person can bring the claim to court.

    Adopted family members have the same rights as those who are related to the deceased person by blood or marriage. However, a parent who abandoned the deceased person during his or her childhood years may not be permitted to file a claim. For the purpose of a wrongful death suit, parental abandonment is treated as if the parent is deceased.

    Statute of Limitations

    In a wrongful death claim, time is of the essence. The claim must be filed within one year of the deceased person's death or you lose the ability to collect damages.

    Filing your claim in a timely matter is also important because valuable evidence can be lost if you wait to take legal action. For example, witnesses may be more difficult to locate or have trouble remembering key facts if several months have passed.

    A wrongful death claim is separate from any criminal charges filed that relate to the death. However, the evidence in a criminal case may help establish negligence in a wrongful death claim.

     

    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.