Wrongful Death Claims vs. Survival Actions

Losing a loved one is always devastating. However, when someone else’s negligence caused the death, it is even more painful. If you have lost someone due to a car crash, defective product, or another act of carelessness, you can file a claim against the liable party to recover compensation. In Louisiana, there are two types of claims you may have if someone else causes the death of your loved one. You may be able to file a wrongful death claim as well as a survival action. Below, our Baton Rouge wrongful death lawyer explains more.

What is a Wrongful Death Claim?

State law in Louisiana stipulates that a wrongful death occurs when a person dies due to the fault of another person. For example, a driver who speeds may crash into another vehicle, killing one or more of the occupants inside. This is considered a wrongful death due to the fact that someone else caused it. Businesses and even government entities can also be liable for a wrongful death.

A wrongful death claim is intended to compensate surviving family members for the losses they incurred as a result of the death. Not everyone can file a wrongful death claim. Priority is given first to a surviving spouse, then surviving children, then surviving parents, siblings, and grandparents, respectively. The relationship between the deceased and the surviving family members does not have to be biological. Adoption creates the same legal relationship, and so an adopted child could file a wrongful death claim after losing their adoptive parent.

What is a Survival Action?

Survival actions are claims filed on behalf of the deceased for the losses they suffered prior to their death. Staying with the example above, a speeding driver may crash into a vehicle, seriously injuring an occupant inside. The accident victim may be taken to hospital and succumb to their injuries a number of days, or even weeks, later. In these instances, surviving family members can file a survival action.

Survival actions are so named because they provide compensation that the deceased could have recovered if they had survived the accident. The same surviving relatives who are eligible to file wrongful death claims can also file survival actions. If there are no surviving family members, the personal representative of the deceased can file a survival action.

Damages Available in Wrongful Death and Survival Claims

While financial compensation cannot bring back a loved one, it can help ease the financial burden a sudden loss causes. Still, in order to receive damages, plaintiffs must establish that they have a clear relationship with the deceased. Through a wrongful death claim, plaintiffs can obtain the following damages:

• The lost income of the deceased relatives were dependent on
• Funeral and burial expenses
• Loss of spousal or parental companionship, love, and guidance
• A loss of inheritance
• Loss of services, such as housekeeping or childcare, provided by the deceased
• Mental anguish

When the deceased did not pass away immediately after the accident that caused their death, family members can recover the following damages in a survival action:

• Medical expenses incurred prior to the death
• The income lost between the time of the accident and the death
• Compensation for the income the deceased would have earned if they had survived the accident
• Property damage
• Pain and suffering the deceased experienced before their passing

The longer a person survives before succumbing to their injuries, the more compensation is available in a survival action. There are no caps on the damages available in wrongful death claims or survival actions unless the death was caused by medical malpractice.

In rare cases, punitive damages may also be awarded. This form of compensation is not to help the loved ones of the deceased recover their losses. Instead, punitive damages are meant to punish the defendant and deter them and others from acting in a similar manner in the future. In order to obtain punitive damages, the defendant must have acted with gross negligence, carelessness, or maliciousness.

Call Our Wrongful Death Lawyers in Baton Rouge for Help With Your Case

If you lost someone you love due to the negligent actions of another person, you may be eligible to file a claim. Proving these cases is never easy, though. At Big River Trial Attorneys, our Baton Rouge wrongful death lawyers can build a strong case that clearly establishes negligence so you obtain the full and fair settlement you deserve. Call us now at (225) 963-9638 or contact us online to schedule a free consultation and to learn more.