When you lose a loved one due to the misconduct or negligence of another party, you may have grounds to file a claim and recover damages for your losses and the loss of your loved one. If you plan to take this course of action, it’s important to understand the difference between Louisiana wrongful death vs. survival actions.
Louisiana wrongful death laws can be confusing, especially if you don’t have a legal background yourself. You can count on a trusted wrongful death attorney to guide you through the process. However, it is useful to know a bit more about wrongful death claims and survival actions in Louisiana.
About Wrongful Death Cases
Wrongful death cases are the result of fatalities caused by another party’s misconduct or negligence. Normally, when victims are injured in accidents, they have the opportunity to file a claim and recover damages for themselves. In cases where the victim succumbs to their injuries, however, certain members of their family may be able to step in instead.
Louisiana follows an order of priority for who can open a wrongful death case:
- Spouse and children
- Parents
- Siblings
- Grandparents
- Executor of the estate
Injuries are a leading cause of death among people aged one to 44 across the country, with the rate of death increasing steadily over the last decade. In 2023 alone, nearly 222,700 preventable injuries resulted in deaths in the U.S.
It’s important to note that not all injury-related fatalities are grounds for filing a wrongful death claim. In order to successfully win your case, you must prove that another party is at fault for the victim’s death.
When these situations arise, it’s important for families to know their options and rights to compensation. If you are unsure whether or not you have a case, a Louisiana wrongful death attorney can help.
Wrongful Death Claims in Louisiana
When a victim dies because of the actions or inaction of another party, eligible parties can file a wrongful death claim to recover damages based on the losses they have suffered. This includes:
- Burial and funeral costs
- Loss of companionship or consortium
- Loss of decedent’s income and benefits
- Mental anguish and grief
- Pain and suffering
Survival Actions in Louisiana
Surviving family members can also file a survival action to recover damages for the victim’s suffering before their passing. This includes losses such as:
- Lost wages and earnings
- Medical expenses
- Victim’s pain and suffering
It is helpful to speak to a wrongful death lawyer to help you understand the nuances of Louisiana wrongful death laws, so you can ensure you are pursuing all that you are entitled to with your claim.
FAQs
How Long Does It Take to Settle a Survival Action in Louisiana?
The time it takes to settle a wrongful death case is going to be different for everyone, depending on what the case entails and whether the other party is cooperative during negotiations or whether you have to enter litigation.
Settling out of court is typically the most efficient way to settle a claim, but even negotiations can be time-consuming, especially without a wrongful death attorney on your side. A legal professional can help your case stay on track.
Do I Have to Hire a Wrongful Death Lawyer to File a Survival Action in Louisiana?
You’re not legally obligated to hire a wrongful death lawyer to file a claim and recover damages on behalf of a loved one in Louisiana, but it can be beneficial to have a legal professional on your side who understands wrongful death laws and can help you secure the settlement you deserve.
Your lawyer can gather evidence to support your claim, launch their own investigations, negotiate your settlement deal, and represent you in court through litigation.
How Much Does It Cost to Hire a Wrongful Death Lawyer in Louisiana?
The cost of hiring a wrongful death attorney in Louisiana is going to depend on the complexity of your case, the time it takes to reach a settlement, and the services you require from your legal team.
At Sanchez & Burke, LLC, our personal injury and wrongful death attorneys work on a contingency basis and collect a percentage from the settlement if we win your case. You will not have to pay upfront fees.
What Are My Chances of Winning a Wrongful Death Case in Louisiana?
Your odds of winning a wrongful death case depend on the strength of your case and whether you settle through negotiations or in court. Most cases settle out of court. A wrongful death attorney can negotiate on your behalf to help you recover the maximum amount you are entitled to.
The court may determine a fair settlement if you’re unable to reach an agreement during negotiations. Your attorney can represent you throughout litigation and advocate for your rights.
Hire a Wrongful Death Lawyer in Louisiana to Help With Your Claim Today
If you have lost a loved one due to the negligence or misconduct of another, it’s important to understand everything about the process, such as who can file a claim and the difference between Louisiana wrongful death vs. survival actions.
While it is important to understand these concepts yourself, it’s helpful to have a legal professional on your side when it comes time to file your claim. Dealing with the loss of a loved one is difficult enough on its own, and taking on a legal case by yourself can be overwhelming and time-consuming. Working with a Louisiana wrongful death attorney can help alleviate this stress and allow you to leave the legal details in good hands.
Sanchez Burke, LLC brings years of experience handling wrongful death claims and survival actions throughout Louisiana. When you choose us as your legal representation, you’re choosing a team that is:
- Avvo 10.0 rated
- Rated as Rising Stars by Super Lawyers®
- Recognized in Acadiana Profile Magazine’s “Top Lawyers of Acadiana”
- Recognized in Best Lawyers: Ones to Watch
If you’re ready to discuss your case in more detail, our team is here to help. Contact the office to set up a consultation with a local attorney you can trust today.
