In Louisiana, two distinct legal actions can arise from a person’s death: a survival action and a wrongful death claim. The surviving family members of the deceased victim can file a survival action to recover compensation for the losses suffered by the decedent before death. A wrongful death claim focuses on the losses suffered by the victim’s family.
After the untimely loss of a loved one in a fatal accident, surviving family members have the right to take legal action by filing a wrongful death claim or survival action. An Alexandria wrongful death lawyer can compassionately guide you through the process and help you protect your loved one’s memory by holding the at-fault party accountable.
How Louisiana Law Defines Survival Actions
These legal claims allow qualifying individuals to seek damages on behalf of a deceased person. Essentially, it is the continuation of a personal injury claim that the deceased would have had if they were still alive.
Who Can File a Survival Action?
In Louisiana, a survival action can be filed by the decedent’s surviving family members who qualify under state law. If no surviving family members exist, the victim’s succession representative can also pursue a survival action.
The following individuals can exercise this right:
- The spouse and child or children of the deceased
- The victim’s parents, if they left no surviving spouse or child
- The decedent’s siblings, if they left no surviving spouse, child, or parent
- The deceased person’s grandparents, if there are no surviving spouse, children, parents, or siblings
Available Compensation
Survival action claims focus on damages to which the deceased would have been entitled if they had survived their injuries. These claims allow the deceased person’s surviving family members to recover compensation for the harm and losses the deceased experienced prior to their death.
Types of damages awarded in survival actions include:
- Medical expenses incurred by the deceased for treatment of the injuries that ultimately led to their death
- Pain and suffering endured by the deceased between the time of the injury and the time of death
- Lost wages and earnings the deceased would have earned if they had lived
- Any other losses the deceased would have been able to recover if they had survived
For example, if a truck accident victim dies after suffering severe burns all over their body, a surviving family member can file a claim to recover compensation for the pain and suffering experienced by the victim prior to death.
The Deadline
The right to recover damages for the deceased’s injuries, property damage, or other losses does not end with their death. According to Art. 2315.1, if a person dies due to someone else’s negligence or careless actions, the right to claim damages for those injuries (including harm to their property or other losses) remains valid for one year after the death.
Laborde Earles injury was great for me they took care of me very fast and professional. If for any reason I need legal help they will be who I use.
ClientHow Louisiana Law Defines Wrongful Death
Louisiana law defines wrongful death as a death caused by the fault of another person or entity, such as through negligence, recklessness, or intentional actions. When a wrongful death occurs, certain family members of the deceased can file a wrongful death lawsuit.
Who Can File a Wrongful Death Claim?
In Louisiana, a wrongful death claim can be filed by specific family members of the deceased. The order of eligible family members is the same as with survival actions. The first eligible group consists of the surviving spouse and children.
If you are unsure whether you qualify to file a wrongful death lawsuit after the loss of a beloved loved one, consult an experienced lawyer. After reviewing the details of your case, a wrongful death attorney from our law firm in Alexandria can determine how Louisiana law impacts your case.
Available Damages
This type of legal action allows the family to seek compensation for the losses suffered due to their loved one’s death. This type of legal action is distinct from a survival action, which focuses on the harm and losses experienced by the deceased individual.
Wrongful death damages include:
- Loss of financial support and income the deceased would have provided
- Loss of the deceased’s love, companionship, guidance, and consortium
- Mental anguish, grief, and emotional distress experienced by the surviving family members
- Funeral and burial expenses
A wrongful death attorney will calculate your past expenses and estimate future losses resulting from the death of your loved one. Lawyers may also collaborate with experts from different fields to gain a better understanding of your financial situation.
Louisiana’s Statute of Limitations
The statute of limitations determines how much time you have to take legal action. In Louisiana, most wrongful death cases must be filed within one year. This does not leave you a lot of time. If you miss this deadline, you may lose the opportunity to recover all your losses.
I thank God for Digger & David. I don’t know what we would have done if it hadn’t have been for them.
Rick Smith | ClientLegal Help With Survival Action and Wrongful Death Claims
Together, survival actions and wrongful death claims provide comprehensive legal recourse for families who have lost a loved one due to another party’s fault. Don’t navigate the financial recovery process alone; you can rely on compassionate legal guidance from Laborde Earles.
At our personal injury law firm, we have over 350 years of combined legal experience. During our practice, we have seen how much pain can be caused by the untimely death of a loved one in a preventable accident. Let us help you seek compensation and provide financial security for your family.
