Wrongful Death / Survival Actions
Experienced Louisiana Injury Lawyers Fighting for Your Rights
The wrongful death of a friend or loved one has a devastating effect emotionally, physically, and financially on the person’s family and friends. Even though there is nothing that can be done to bring the loved one back, Louisiana law does offer an avenue to hold the responsible party accountable and to obtain financial compensation for the person’s death.
There are two different types of lawsuits that may be filed for a death that has been caused by the negligence or recklessness of another person. First is the wrongful death action which allows for the deceased person’s estate to be awarded damages for the beneficiaries of the decedent. The second type of action is the survival action which allows the deceased person’s estate to be awarded damages for 1) the mental pain 2) the physical pain and 3) the suffering that the person experienced until the time of his or her death.
Who Can Bring A Wrongful Death/Survival Action?
Louisiana law allows only a select group of people to bring these types of actions. The following people may bring a survival or wrongful death action:
- The victim’s spouse and/or children,
- The victim’s parents, if the victim left no spouse or child surviving,
- The victim’s brothers and/or sisters, if the victim left no spouse, child, or parent surviving, or
- The victim’s grandparents, if the victim left no spouse, child, parent, or siblings surviving.
What Damages Can I Receive In A Wrongful Death/Survival Action?
The types of damages vary depending on what type of action is necessary. There are two different types of damages in a wrongful death action 1) economic and 2) non-economic damages. Funeral and burial expenses, medical bills, lost wages and benefits, value of lost household services, and bills for damaged property are classified as economic damages. Damages such as loss of care, companionship, guidance, and emotional support are classified as non-economic damages.
Damages for a survival action include the 1) physical pain and suffering 2) mental pain and suffering and 3) the lost of earnings until the deceased’s time of death.
A wrongful death/survival action claim is complicated. A skilled lawyer is needed in order to ensure your family receives the justice you deserve for the person’s untimely death. In Louisiana, there is a time limit in which these types of actions must be filed. The wrongful death/survival action must be filed within one year of the death of the deceased. It is very important to file within this time period because if family members wait too long, Louisiana law will prevent you from filing a lawsuit and receiving the justice you and your loved one deserve.
Wrongful death claims and survival actions may come from accidents caused by cars, trucks, motorcycles, drunk drivers, boats, or construction sites. Wrongful deaths may happen anywhere, at any time, to anyone. Mansfield Melancon’s injury lawyers are skilled in this field and can help your family receive the justice and compensation that you deserve.
When Should I Call a Lawyer?
If you are in need of reliable legal advice on how to proceed after the wrongful death of a loved one, contact Mansfield Melancon immediately to make sure your rights and interests are being protected. It is important to receive compensation for the wrongful death of a loved one. It is equally important to have a skilled lawyer who will provide the personalized attention your case requires and deserves. You can reach us at our New Orleans number at 504-500-1108, Baton Rouge number at 225-612-0800, Lafayette number at 337-409-0003, or you can contact us online. You can also send us an email with questions about your claim at firstname.lastname@example.org.