Yes, remarriage can affect the value of a wrongful death claim; however, remarrying after losing a spouse doesn’t take away the surviving spouse’s right to file a claim. The right to recover belongs to the people who were the victim’s beneficiaries at the time of death.
However, insurance companies and defendants may use remarriage to argue that damages like financial support or loss of companionship are worth less.
A wrongful death lawyer in Baton Rouge can help protect your rights and push back on these arguments. At Chris Corzo Injury Attorneys, our wrongful death attorneys have a proven record of securing maximum compensation for our clients, and we are committed to doing the same for you.
Call (225) 999-1111 or complete the short form on our contact page to schedule a free, no-obligation consultation with our Baton Rouge wrongful death lawyers today.
Who Can File a Wrongful Death Claim in Louisiana?
Louisiana law sets out exactly who may recover when a person dies because of someone else’s negligence. Under La. C.C. Art. 2315.2, the right belongs to specific family members in order of priority:
- The surviving spouse and the victim’s children, who hold the claim together
- The victim’s parents, if there is no spouse or child
- The victim’s brothers and sisters, if there is no spouse, child, or parent
- The victim’s grandparents, if none of the above survive
The surviving spouse is in the first and strongest group of beneficiaries. That’s why many widows and widowers wonder what happens to the claim if they eventually marry again. Seeking advice from a wrongful death attorney can provide clarity during this complicated time.
Does Remarriage Eliminate a Surviving Spouse’s Right to Compensation?
No. A wrongful death claim compensates family members for what they lost when their loved one died. Who qualifies as a beneficiary is decided at the time of death, not years later.
- If you were legally married to the victim when they died, you are a surviving spouse under Louisiana law.
- Remarrying after the death, whether before or after filing a claim, does not cancel that status.
- A claim that has already been filed stays alive even if you marry while it’s pending.
- Your children’s claims are separate from yours and are not affected by your remarriage.
Every case depends on its own facts. For example, questions can come up if a couple was divorced or the marriage was invalid before the death. Those situations are very different from remarrying afterward. Having a dedicated Baton Rouge wrongful death lawyer review your family’s history helps ensure your rights remain protected.
How Can Remarriage Affect Certain Damages?
Remarriage does not erase the claim, but it can come up when a court or insurer looks at how much the claim is worth. Wrongful death damages in Louisiana generally include:
- Loss of financial support, such as the income and services your spouse would have contributed to the household
- Loss of love, affection, and companionship
- Related expenses, such as funeral and burial costs, and medical bills in some cases
Insurance companies may argue that your new spouse’s income replaces some or all of the support you lost or that your new marriage reduces your loss of affection. However, your loss should be measured by what your spouse would have provided and not by what someone else provides now.
An experienced wrongful death attorney can build your strongest claim and help you secure maximum compensation for your damages.
Speak With a Baton Rouge Wrongful Death Lawyer About Your Rights
Losing a spouse is one of the most challenging experiences a person can have. At Chris Corzo Injury Attorneys, our compassionate wrongful death attorneys will protect your right to secure the full value of your claim.
Call (225) 999-1111 or complete the short form on our contact page and schedule a free consultation. We will listen, answer your questions, and explain your options. If we take your case, our wrongful death lawyers in Baton Rouge will fight tirelessly to recover every dollar you are entitled to.