Losing a loved one because of someone’s negligence can increase the pain you are going through because their death was untimely and preventable. An experienced wrongful death attorney could examine the facts of a case to help you hold the at-fault party financially responsible for their actions.
Louisiana provides two ways to seek justice for that death through the civil justice system: survival action and wrongful death claims. A wrongful death claim is a personal injury claim that people file to seek damages due to the death of their loved one. A survival action is a personal injury claim for the damages that the deceased experienced in their lifetime. Our Plaquemine Iberville Parish survival action lawyers at Tomeny | Best are prepared to advocate for you during this difficult time so that you can focus on being with your family.
What Are Survival Actions?
Louisiana Civil Code Art § 2315.1 authorizes people to bring a personal injury lawsuit on behalf of a deceased family member to compensate for the injuries they sustained while living. It is important to note that their death does not have to be linked to the injury; it can be completely unrelated.
In some states, the executor of an estate is the person who can bring a survival action. In Louisiana, the right belongs to the same people as a wrongful claim lawsuit. The state prioritizes different groups, and for the next group to have the ability to file a claim, there can be no surviving members of the group with greater priority. Priority goes to spouses and/or children. Parents have the next priority, followed by siblings and then grandparents.
The state recognizes multiple types of families, including adoption. However, there must be an established legal or blood relationship. If a parent abandoned the deceased during their childhood, the statute treats them as if they predeceased the person. When someone is unsure if they have the right to bring a survival action, they should contact an Iberville Parish attorney for clarification. Our attorneys at Tomeny | Best could investigate all the details surrounding the death to see if negligence might have played a factor.
Understanding Available Damages in a Survival Action Lawsuit
Because the survival action is a personal injury lawsuit on the deceased’s behalf, the damages available are the same as those the deceased could have gotten in a personal injury lawsuit. They include all three types of damages: special, general, and punitive damages.
Special Damages
Special damages are damages for financial losses. Medical bills and lost wages are the two main types of financial losses that people experience between injury and death.
General Damages
General damages are for non-financial losses. Pain and suffering and emotional trauma are the two types of non-financial losses available in a survival action. Those damages are still available even when a person only survives an injury for a few moments.
Punitive Damages
Punitive damages are not available in most cases. They are damages to punish particularly egregious behavior in certain situations that are statutorily explained. Courts award them to punish wrongdoers and discourage others from engaging in those same behaviors. Our Plaquemine attorneys could examine the nuances surrounding a claim to provide advice regarding the availability of punitive damages for any survival action claims.
Speak to an Iberville Parish Survival Action Attorney For Help With a Claim Today
Survival actions could extend a claim beyond the state’s regular one-year statute of limitations. Instead of having a year from the injury to bring a lawsuit, the survivors could have a year from the death. However, the cause of action must not have expired during the deceased’s lifetime.
You may be entitled to compensation when you have lost a loved one. Many people can file wrongful death and survival actions. Our compassionate attorneys could explain your potential remedies and provide you with counsel and support. Schedule a free consultation with an Iberville Parish survival action lawyer at Tomeny | Best.
