Simply a person who dies due to injuries caused by another person’s negligence qualifies as wrongful death, whether in a professional setting or a regular negligence setting. So, wrongful death would be my family member or loved one suffered death wrongfully due to negligence on the part of another individual. Another part of that is a survival action, so if an individual is injured and subsequently succumbs to those injuries and dies. That qualifies as wrongful death because it becomes a wrongful death claim if you can link the death to the act or the negligent omission.
Wrongful death action belongs to the family, and in Louisiana, we have a hierarchy of who can bring that claim. So, if a person is married, the surviving spouse and children constitute the first level. These are mutually exclusive so that the next layer would be surviving parents, but if you have a spouse and/or surviving children, they have the right to file the claim while the parents do not. Similarly, below the parents would be surviving siblings, and then below that would be relatives. Therefore, the hierarchy of who can bring a claim must be considered when discussing wrongful death and survival.
What Damages Are Survivors Entitled To In A Wrongful Death Case In Louisiana?
A survival action, pre-death pain and suffering, and loss of the love or affection of that person under the wrongful death cause action are some of the available entitlements of survivors. When we talk about the loss of earning, we’re talking about the past earning power of that individual and their future earning capacity lost for those dependent upon that income, such as a surviving spouse and minor children.
If you can prove dependency, that claim for lost earnings, loss of support can go beyond the majority. Still, you would have to show a history of financial dependence to establish your right to recover loss of future earnings. There is also loss of patrimony, which is the loss of that individual’s estate. For the survival claim, pre-death pain and suffering, including the fear of dying also constitute a segment.
For more information on Wrongful Death Cases In Louisiana, an initial consultation is your best step. Get the information and legal answers you are seeking by calling (337) 289-0626 today.
Call For A Free Consultation