Trusted wrongful death lawyer in Covington

A 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.

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.

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.

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?

The length of time it takes for an attorney to settle a wrongful death claim depends on many factors.  Two important factors include whether the at-fault insurance company is accepting liability (fault) for what happened and the amount of insurance available to compensate the victim’s family.  

When the at-fault insurance company refuses to accept fault for the accident, a lawsuit must be filed to dig into the facts and hold them accountable.  Unfortunately, quick settlements in wrongful death cases are often an indication that a very small amount of insurance is available to cover the loss.  

Wrongful death cases can be very complicated and may include multiple defendants and complex theories of liability.  It is important to have an experienced wrongful death attorney on your side.  At Grady J. Flattmann, Attorneys at Law, we pride ourselves on our compassionate approach to handling complicated wrongful death cases for grieving families.  Call us today to schedule your free and confidential consultation.

Determining the appropriate place (venue) in which to file a wrongful death lawsuit in Louisiana depends on many factors.  Generally, if the death occurs in Louisiana, the lawsuit could be filed in State Court in the Parish where the incident occurred, or where any of the defendants reside or have their main offices.  If any of the defendants are citizens of a different state than the plaintiff, then the lawsuit may be filed in Federal Court.  

Also, keep in mind that in Louisiana, only certain relatives have the right to file a wrongful death or survival action on behalf of the decedent.  For instance, if the decedent left a wife and children, they would be able to file the claims and the decedent’s parents or siblings would not be able to do so.

Deciding where to file a wrongful death lawsuit is an important decision.  Filing in the wrong place can result in severe consequences and can even risk having the case thrown out of Court.  

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.  

We offer free, confidential, and “no pressure” consultations.

A wrongful death claim arising from a car accident is a type of car accident claim.  The big difference is that in a wrongful death claim in Louisiana, the law dictates the family member(s) who may pursue the claim.  

When a death occurs as a result of a car wreck, certain family members of the decedent may bring “wrongful death claims” and “survival actions.”  These terms are often used interchangeably, but they are different.  Wrongful death actions seek damages to the decedent’s family member, suffered by them personally as a result of their loved one’s death.  Claims include, but are not limited to loss of love and affection, funeral expenses, and in some instances, loss of financial support.

Survival actions, on the other hand, are the claims the decedent would have had if they had not died.  They include the decedent’s own pain and suffering and mental anguish from the time of injury until the time of death, as well as any medical bills they incurred prior to death.

If you are struggling with the loss of a loved one due to a car accident, please let us help explain your rights.  We offer free, confidential, and “no pressure” consultations.

Let’s talk about the difference between “criminal” law and “civil” law.  Criminal law refers to the prosecution of someone charged with committing a crime.  This can range from a simple traffic violation to murder.  In a criminal law case, the State or District Attorney is the prosecutor, and it is up to the suspect to their own attorney or public defender to defend them against the charges.  In criminal law, the consequence of being found guilty includes penalties such as fines or jail time.  

Civil law refers to the pursuit of someone’s claims for money damages against another party.  This can be from anything ranging from a breach of contract matter to a claim for personal injuries arising from a car accident.  In these cases, the injured party can hire an attorney who may file a claim against the at-fault person’s insurance company or even file a civil lawsuit against the responsible parties.  The outcome of a civil matter is typically for the payment of money.  

Sometimes, a person’s negligent actions can result in both criminal and civil cases.  Take for example a drunk driver who kills another person.  That drunk driver can be charged with a crime by the District Attorney and at the same time, the victim’s family can bring a civil case for wrongful death against them.  

Wrongful death is a specific type of civil action, giving a victim’s family the right to pursue the at-fault party for damages sustained as a result of the death of their loved one.  In contrast, murder is a specific criminal charge the District Attorney or State would prosecute against the at-fault party.

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In Louisiana, when a loved one dies as a result of a car wreck, certain family members of the person may bring “wrongful death claims” and “survival actions” against the at-fault parties.  

Wrongful death actions seek damages to the decedent’s family member, suffered by them personally as a result of their loved one’s death.  Claims include, but are not limited to loss of love and affection, funeral expenses, and in some instances, loss of financial support.

Survival actions, on the other hand, are the claims the decedent would have had if they had not died.  They include the decedent’s own pain and suffering and mental anguish from the time of injury until the time of death, as well as any medical bills they incurred prior to death.

Understanding the proper family member(s) who may file a wrongful death claim is very important.  If you are struggling with the loss of a loved one due to a car accident, please let us help explain your rights.  We offer free, confidential, and “no pressure” consultations.