Experienced Louisiana Injury Lawyers Fighting for Your Rights
The wrongful death of a friend or loved one has a devastating effect emotionally, physically, and financially on the person’s family and friends. Even though nothing can be done to bring the loved one back, Louisiana law offers an avenue to hold the responsible party accountable and obtain financial compensation for the person’s death.
There are two different types of lawsuits that may be filed for a death caused by the negligence or recklessness of another person. First is the wrongful death action, which allows the deceased person’s estate to be awarded damages for the descendant's beneficiaries. The second type of action is the survival action which allows the deceased person’s estate to be awarded damages for the mental pain, physical pain, and suffering that the person experienced until the time of his or her death. Discover more and get the right wrongful death attorneys to help you with Mansfield Melancon.
Who Can Bring A Wrongful Death/Survival Action?
Laws can be complicated, especially in Louisiana. Louisiana law allows only a select group of people to bring these types of actions. The following people may bring a survival or wrongful death action:
- The victim’s spouse and/or children,
- The victim’s parents, if the victim left no spouse or child surviving,
- The victim’s brothers and/or sisters, if the victim left no spouse, child, or parent surviving, or
- The victim’s grandparents, if the victim left no spouse, child, parent, or siblings surviving.
What Damages Can I Receive In A Wrongful Death/Survival Action?
The types of damages vary depending on what type of action is necessary. There are two different types of damages in a wrongful death action: economic and non-economic damages. Funeral and burial expenses, medical bills, lost wages and benefits, value of lost household services, and bills for damaged property are classified as economic damages. On the other hand, damages such as loss of care, companionship, guidance, and emotional support are classified as non-economic damages.
Damages for a survival action include:
- Physical pain and suffering,
- Mental pain and suffering,
- And the loss of earnings until the deceased’s time of death.
A wrongful death/survival action claim is complicated. A skilled lawyer is needed in order to ensure your family receives the justice you deserve for the person’s untimely death.
Louisiana law makes it so there’s a time limit in which these types of actions must be filed. The wrongful death/survival action must be filed within one year of the death of the deceased. It is very important to file within this time period because if family members wait too long, state law prevents you from filing a lawsuit and receiving the justice you and your loved one deserve.
Of course, wrongful death cases can come from a variety of sources. Wrongful death claims and survival actions may come from accidents caused by cars, trucks, motorcycles, drunk drivers, boats, or even construction sites. But don’t worry. Mansfield Melancon’s injury lawyers are skilled in this field and can help your family receive the justice and compensation that you deserve. Get in touch with us as soon as possible to begin the process.
Schedule a Free, No-Obligation Consultation with an Injury Lawyer at Mansfield Melancon today!
If a loved one has been killed due to the negligence of an individual or company, the personal injury attorneys at Mansfield Melancon can help. We are committed to guiding the people whom we represent through the legal process with experience and personal attention.
Our offices are conveniently located in New Orleans, Baton Rouge, and Lafayette. Call us or contact us online to schedule a consultation with a Louisiana personal injury attorney. You can reach us at our New Orleans location at 504-500-1108, our Baton Rouge location at 225-612-0800, or our Lafayette location at 337-409-0003. We look forward to helping you with your case.