Any time a loved one dies, it is an emotional experience. This is particularly so if the deceased was killed through the negligent actions of another individual or by a defective product. The pain of your loss can be compounded if it leaves family members wrestling with financial concerns caused by a loss of income. While no amount of money will replace that family member's presence in your life, it can prevent financial struggles and allow everyone in your family to focus on supporting each other emotionally.
At the office of Grady J. Flattmann, Attorney at Law LLC in Covington, we advocate for the surviving family members of individuals whose deaths were caused by someone else's negligence. These cases are known as wrongful death claims.
When Can Survivors File a Wrongful Death Lawsuit?
Every death of a loved one is devastating, but not every death is cause for a lawsuit. Wrongful death lawsuits stem from very particular situations and only certain people are eligible to file. If you have lost a loved one in a tragic accident, it is important to discuss your options with an experienced wrongful death attorney as soon as possible. We provide some basic information about wrongful death claims here, but every case is unique and you should talk to us in a free consultation before your options expire.
Wrongful death claims usually stem from an accident that was caused by another person’s or company’s negligence or wrongdoing. The following are examples of common accidents that may lead to a claim:
- Fatal car accidents
- Pedestrian accidents
- Industrial workplace accidents
- Slip and fall accidents
- Defective products
- Many other incidents
Wrongful death lawsuits are intended to help family members replace a wage earner's future income, pay for medical and funeral expenses, and provide compensation for mental anguish, lost love and affection, and other losses. In a wrongful death or survival lawsuit, you can seek financial compensation for:
- Lost wages the deceased could have been expected to earn over a lifetime
- Medical and funeral expenses
- Loss of companionship
- Mental anguish and suffering
- The financial value of services the deceased would have brought to the family (for example, home maintenance and education assistance)
- Pain and suffering of the deceased before his or her death
In general, only close family members can file a wrongful death lawsuit. Under Louisiana law, the following people may be eligible to file a lawsuit when a loved one is killed:
- The surviving spouse and child or children
- If there is no surviving spouse or children, the surviving parents of the deceased
- If there are no surviving parents, the surviving siblings of the deceased
- If there are no surviving siblings, the surviving grandparents of the deceased
In cases where there is no surviving family at all, a representative of the deceased person’s estate may be able to file a wrongful death lawsuit. This possibility should be discussed with an attorney.
It is important to provide an attorney with sufficient time to investigate the case and determine if a wrongful death lawsuit should be filed, so call an attorney as soon as possible.
An Experienced and Empathetic Lawyer
Attorney Flattmann has practiced personal injury law since 2005. He understands the sensitive nature of pursuing legal action when someone is involved in a fatal accident. He will move forward with your case while providing space for you to grieve your loss with family and friends.
If you have a family member who was fatally injured due to someone else's negligence, we can answer your questions and recommend the best course of action. Contact us to schedule a free initial consultation. You will only pay an attorney fee if we recover compensation for you.
We work with families in St. Tammany Parish and Washington Parish, as well as cities and towns throughout the Northshore and Greater New Orleans.