When the death of a loved one occurs because of another person’s actions, a civil lawsuit may be appropriate. If it is successful, a claim could provide the surviving relatives with compensation their loved one would have been entitled to had they survived. A dedicated attorney from Tomeny | Best could answer questions about how this process works and guide you every step of the way.
At our firm, we believe you deserve compassionate legal counsel who understands the importance of your case. No amount of money can bring back your loved one, but a settlement offers the opportunity for a family to focus on grieving without worrying about financial matters. Let a Baton Rouge survival action lawyer assist you during this difficult time.
What Is a Survival Action?
It is easiest to think of this type of lawsuit as a claim that the deceased person would have filed if they had survived the incident. These lawsuits often include an individual’s final medical bills and the pain they experienced at the end of their life or the pain and suffering they endured prior to their death. In rare cases, a survival action attorney could inform a person if punitive damages might be available in Baton Rouge.
According to Louisiana Civil Code 2315.1, only certain immediate family members have the right to pursue a survival action on behalf of a deceased relative. Some parties have greater rights than others when pursuing legal action.
First, the surviving spouse and any children have top priority regarding the right to sue. If there are no surviving children or spouses, the ability to pursue legal action falls to the parents. Surviving siblings are next in line, followed by any grandparents.
There are situations where a person dies without any living relatives who meet this criterion. In those cases, a personal representative of the decedent’s estate can bring a lawsuit against the at-fault party. Any proceeds are distributed among the heirs of the estate.
Survival Action vs. Wrongful Death Lawsuits
Although they often stem from the same tragic events, survival and wrongful death actions are two different types of lawsuits. While wrongful death cases involve the harm that occurs following a loved one’s passing and a survival action is related to damages that occur from the time of the harm until the end of their life.
Understanding the Deadline to File Suit
Anyone considering this type of legal claim must comply with a deadline referred to in Louisiana as the “prescription period” but more commonly referred to as the statute of limitations. The statute of limitations is designed to prevent lengthy delays between an untimely passing and litigation.
In general, a person bringing a claim must file a lawsuit within one year of the date of their loved one’s passing. This might not match up with the date of the incident that caused their death. While a year might seem like plenty of time to act, the reality is that the deadline can come up quickly. Filing a lawsuit after the statute of limitations expires usually leads to the case being dismissed with prejudice. This worst-case scenario means that the family is permanently barred from recovering compensation through a survival action, but a Baton Rouge attorney could examine the facts surrounding a case to let a person know any available options.
Talk to Survival Action Attorney in Baton Rouge About Your Claim Today
No one should have to navigate the legal system on their own following the death of a close family member. The team at Tomeny | Best is ready to serve as your advocate during this difficult time.
Call our firm as soon as possible to learn how a Baton Rouge survival action lawyer might be able to help you during a free consultation.
