The loss of a loved one is always a tragic event. Not only will the event affect the present situation of the deceased’s, but the death will also affect their future. However, the surviving members of the deceased may be able to demand compensation on behalf of the decedent as well as for their own losses. A death is not always a source of a wrongful death suit under Louisiana law. In order to pursue a claim, a plaintiff must be able to attribute the death to the actions of another party. This can include a private citizen or a company.
A Metairie wrongful death lawyer could help the family members of a decedent determine whether their loss is the result of another’s negligence. By allowing a compassionate personal injury attorney to handle your claim, you can focus on moving forward while taking steps to protect your future.
Cases that allege wrongful deaths are controlled by Louisiana’s statutes. This is in contrast to other personal injury cases where the harmed person survives. Wrongful death cases do not rely upon a single statute but instead, are two separate claims.
The first claim is known as the wrongful death claim and is defined by the Louisiana Civil Code §2315.2. This statute states that specific people can file a claim following a death. These include:
These actions demand payments for any damages suffered by the person bringing the suit. This can include lost companionship, mental anguish, and lost earning power. Further, the statute says that plaintiffs must pursue these claims within one year of the death.
The second claim is called the survival action. In contrast to the wrongful death action, a survival claim is pursued by a plaintiff on behalf of the now deceased person. According to the Louisiana Civil Code §2315.1, a plaintiff in these cases can demand all payments that the deceased would have had the right to pursue had they survived. This includes payments for medical costs and the decedent’s pain and suffering. The same one-year time limit and list of potential plaintiffs applies to this claim as well. A Metairie wrongful death lawyer could help family members evaluate their rights and determine their next steps.
Wrongful death claims and survival claims only apply if the fault for the death can be traced to the actions of another party. Of course, a plaintiff in these cases does not need to prove that the defendant intended to cause a death or even to harm the decedent.
Most wrongful death cases arise out of accidental actions. Car accidents, pedestrian accidents, and slip and falls are all examples of ways a defendant could cause a death by accident. In short, a wrongful death case applies when someone passes away following an incident that would otherwise give cause to a personal injury lawsuit. A Metairie wrongful death lawyer could help the families of the deceased understand when a wrongful death suit could apply and gather sufficient evidence to pursue a claim.
The loss of a loved one is never easy. However tragic the circumstances may be, the decedent’s family needs to take an account of their future. A part of that future may be a wrongful death and survival lawsuit.
A Metairie wrongful death lawyer may be able to help. They could work with family members to examine the facts that led to the death, place blame on defendants, and demand appropriate compensation. If you are ready to consider a claim, call today to schedule a free consultation to learn more.
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