Who Can File A Wrongful Death Claim?

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

"Hey guys, this is Grady with Grady Flattmann Attorneys At Law.

Today we're going to talk about wrongful death cases. Some of the saddest cases in my career have been wrongful death cases, when a loved one is taken away way too soon because of a tragic accident. 

The terms wrongful death and survival claims are often used interchangeably. But it is important to understand the difference between the two. A wrongful death claim seeks damages to the decedent's family members which include loss of love and affection, funeral expenses, and financial support just to name a few. Survival claims are also brought by the same people but those claims include claims the decedent would have, had they survived, so they include things like pain and suffering, conscious mental anguish and medical bills.

So who can bring wrongful death and survival claims in Louisiana?

The law is real specific about it. First the surviving spouse or children or both. Second if they don't have a surviving spouse or children, the mother and father can bring the claim. If none of those are available, the surviving brothers and sisters or any of them, and finally if none of those are available the surviving grandparents.

So for example if a decedent was married, their spouse would be the proper party to bring the wrongful death and survival claims. This would occur even if the decedent's father, say, was very close to them.  He wouldn't even be able to bring those claims.

I've seen families cope with the tragic death of a loved one and I know how hard it is. I know how difficult it is just to make it from one day to the next.  But it's important, even at those times, to make sure you have someone on your side who can protect your rights. Call us today for a free and confidential consultation at 985-590-6182."

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.