When a loved one dies, the surviving family members may have significant financial burdens to deal with, and a survival action could help them recover financially. However, often, the deceased may have sustained harm before they passed away. In these instances, a wrongful death lawsuit does not address the harm they went through, but the state allows a representative to take a survival action claim instead to achieve justice for them.
In these circumstances, a compassionate wrongful death attorney from Tomeny | Best could bring a survival action on behalf of the deceased. When you want to pursue a claim on behalf of a loved one, our Prairieville survival actions lawyers could help you understand all your available options to ensure that your claim is strong.
When to File a Survival Action Lawsuit
Louisiana Civil Code Art. 2315.1 establishes survival actions. Under the statute, a deceased person’s personal injury lawsuit survives even if they die. Bringing a survival action depends on the injured person being alive for some time between the incident that led to their death and their actual death. It does not have to be a substantial period, but it does need to be long enough to show that the deceased experienced trauma, pain, suffering, or other injuries while they were alive.
The right to recover for their injuries passes to their family members, who have one year after the death to bring the survival claim. Like the state’s wrongful death statute, the survival action lawsuit establishes priority for who can bring the claim. If the person with priority chooses not to file a claim, the next person on the list cannot bring one. The order for priority is as follows:
- The surviving spouse and/or children of the deceased
- The surviving parents
- Siblings
- Grandparents
People in Prairieville can inherit the right to bring these lawsuits with the help of a skilled survival actions attorney. The law treats adopted family members the same as blood family members. It also contains an exclusion for a parent who abandoned their child and states that they have no right to bring a survival action for them.
Determining Damages
Our lawyers could help family members determine what types of damages they should pursue for each action. Louisiana recognizes three broad categories of damages: special, general, and punitive. Special damages help people recover for financial losses. General damages help people recover for non-financial losses. Punitive damages punish egregious or outrageous behavior.
Often, survival actions only have small claims for special damages. Depending on how long it was between the accident and the death, the deceased may not have had substantial time away from work or even substantial medical bills related to the accident. However, the family can still file a claim for their pain and suffering, emotional trauma, and other non-economic damages.
Punitive damages can be involved in this type of lawsuit, but they are not generally available. Because punitive damages punish a wrongdoer for outrageous behavior, simple negligence will not support them. A survival actions attorney could help explain whether punitive damages will be available in Prairieville based on the facts of a case.
Meet with a Prairieville Attorney To Understand Your Compensation Options in a Survival Actions Lawsuit
Losing a loved one often comes with significant financial hardships. However, it can feel callous and rushed to start thinking about a lawsuit. Unfortunately, the state does not permit you time to grieve before contemplating a legal strategy, as the statute for torts is one year.
Contact an understanding attorney from Tomeny | Best. Our Prairieville survival actions lawyers could explain your potential remedies during a free consultation.
