If a loved one has died as a result of the fault of someone or something else, there may be claims available under the law for your loss.
Types of Wrongful Death Claims & Compensation Under Louisiana Law
In Louisiana, there are two different claims that may be brought: (1) wrongful death and (2) survival action, depending on the facts and circumstances of the case. The main difference between these two claims is whether the victim was killed immediately or survived for a period of time and then passed away.
Wrongful Death Claims
In Louisiana, a wrongful death action may be brought by a beneficiary of the deceased loved one.
A wrongful death claim for the loss of the loved one is a claim brought by the proper beneficiary for the loss that he/she suffered as a result of the death of the loved one (2016 Louisiana Laws Civil Code CC 2315.2 – Wrongful death action). Selecting the appropriate beneficiary to bring a claim depends on who survives the deceased person and in Louisiana, there are specific rules on who can be considered the appropriate beneficiary to present a claim.
What is the compensation for the loss of a loved one?
For wrongful death claims, the types of compensation awarded may include:
- loss of love and affection,
- loss of services,
- loss of financial support,
- medical expenses, and
- funeral expenses.
Survival Action Claims
If a person is injured in Louisiana, then suffers and survives for any period of time before dying, the law affords the deceased person certain rights known as a “survival action” (2011 Louisiana Laws Civil Code CC 2315.1).
Again, the appropriate beneficiary of the deceased person may bring the survival action claim on behalf of the deceased person in a proper court.
What compensation is available under a survival action?
The compensation available under a survival action is limited to the pain and suffering endured by the decedent before he/she died. The primary consideration for the assessment of damages includes the severity and duration of the injury.
There are strict deadlines in Louisiana for wrongful death and survival actions.
Specifically, in Louisiana, a beneficiary has only one year to file a claim in court. It is extremely important that you speak with an experienced trial attorney who has handled wrongful death and survival actions in order to determine what claims are available to you and your family.
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