Our Wrongful Death Frequently Asked Questions

At Flattmann Law, we accept about 8% of the calls we receive.  That means, for every ten phone calls we get inquiring about a car wreck or personal injury, one of those callers may become our client. 

Why so few?  We take pride in the quality of representation we provide in each and every case we accept.  We make sure the cases we take have merit, are serious, and result in good relationships with our clients. 

Does the case have merit?

The key factor in any personal injury case is liability, or who is responsible for causing an accident or incident.  Sometimes this is straightforward, like when a car is sitting at a red light and gets rear-ended by a driver who is texting.  But sometimes, liability is not as straightforward, like when a crash happens at an intersection and two people both swear that they had the green light.  Sometimes, a caller may not understand that their own actions caused or contributed to an accident and that they may be liable. 

When we consider a case, evidence regarding liability plays a huge role in our decision whether we can represent a client.  Even if we can’t take a case, we make sure to let the caller know the reason.

Does the case involve injuries?

At Flattmann Law, we represent clients who have suffered serious injuries as a result of car wrecks, including family members of loved ones who have died as a result of major accidents.  One thing we discuss during a potential client’s phone call is whether the person was injured because of the car accident.  If the answer is yes, we discuss their medical history, including any future treatment. 

If a caller has not suffered a legitimate injury, we will not be able to represent them.  However, in those cases, we still try our best to point that person in the right direction concerning their rights against the at-fault insurance company.

In some cases, the caller may not realize just how badly they are injured.  They may say that they are “okay” and then go on to describe how they have been suffering with all kinds of injuries they didn’t have prior to the accident.  Something is definitely wrong and the last thing they want to do is resolve their car wreck claim before getting checked out by their doctor. 

Our Firm Is About Quality, Not Quantity

At Flattmann Law, we take pride in the way we handle each and every one of our clients’ cases.  Unlike many larger firms, our success does not depend on taking and settling as many cases as quickly as possible.  Through the course of our representation, we form close relationships with our clients.  If we take a case, that means we will do everything we can to obtain a favorable outcome for our client.  We will exceed the expectations of our clients. 

We review cases BEFORE taking them:

Some large law firms have a very low bar when it comes to accepting cases and will “sign up” nearly every call they get.  It’s only after they get around to reviewing the substance of the case a few weeks later when they conclude that the case does not have merit and end up dumping (terminating) the case.  At Flattmann Law, we have even gotten calls from clients whose cases were dumped by accident by another firm.  Yikes!  At our firm, we do our research before entering into a contract with a client to handle their case.

Have You Been In An Accident And Need An Attorney That Values Quality Over Quantity?

If you are looking for a personal injury firm that values quality of representation over quantity of cases contact us online or call our Covington office directly at 985.590.6182 to schedule your free consultation today. Flattmann Law serves clients on the Northshore, including Covington, Mandeville, Abita Springs, Bogalusa, Franklinton, Folsom, Hammond, Lacombe, Pearl River, and Slidell.

When a family member dies due to the negligence of someone else, certain family members have the right to pursue personal injury claims.  These are referred to as wrongful death and survival claims.  Knowing the difference is important.  

 

A survival claim includes all of those claims the decedent would have had if he had survived the accident.  These include things like the victim’s conscious pain and suffering, medical bills, and funeral expenses.  

 

A wrongful death claim includes the survivors’ personal claims due to the loss of the loved one.  These include loss of support and loss of consortium (love an affection).  

 

In Louisiana, only certain people may bring wrongful death and survival claims.  Pursuant to Louisiana Civil Code Articles 2315.1 and 2315.2, the following people may bring the actions to the exclusion of those below them on the list:

 

1. The surviving spouse and child or children or either the spouse or child;

2. The surviving father and mother, or either of them;

3. The surviving brothers and sisters, or any of them; and

4. The surviving grandfathers and grandmothers, or any of them.

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.

Yes, in Louisiana the laws are very specific as to the family member(s) who have the right to file a claim or lawsuit for the wrongful death of a loved one.  

 

In Louisiana, only certain people may bring wrongful death and survival claims.  Pursuant to Louisiana Civil Code Articles 2315.1 and 2315.2, the following people may bring the actions to the exclusion of those below them on the list:

 

1. The surviving spouse and child or children or either the spouse or child;

2. The surviving father and mother, or either of them;

3. The surviving brothers and sisters, or any of them; and

4. The surviving grandfathers and grandmothers, or any of them.

 

Therefore, it is important to consult with an experienced wrongful death attorney as soon as possible in order to understand your rights.  

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.

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.  

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.

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.  

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.

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. 

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, a wrongful death case is handled by a personal injury attorney on a “contingency” basis.  This means that the lawyer receives a percentage of the proceeds at the end of the case, rather than having to pay the lawyer a “retainer” or hourly fee.  

In addition to attorney fees, the costs of pursuing the case are typically paid upfront by the law firm, but repaid to the law firm upon the collection of proceeds at the end of the case.  Costs to pursue wrongful death cases can be very expensive.  

Depending on the facts of a particular case, an attorney’s fee and cost reimbursement may be handled differently, such as in cases where there is no insurance or limited insurance available to pay the claim, or where liability is questionable.  In those cases, attorneys may require an hourly fee or the payment of an upfront retainer.     

The terms and conditions of an attorney’s fees and cost reimbursement should be set out in writing in an attorney-client contract, at the beginning of a case.  At Grady J. Flattmann, Attorneys at Law, we go over the terms of our written contracts with our clients at the outset of their case and make sure all of their questions are answered before asking them to sign anything.  

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.

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. 

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.

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.  

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.

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.  

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.