When you lose someone because of another party’s negligence or wrongdoing, the anguish can feel unbearable. At Chris Corzo Injury Attorneys, we understand that nothing can compensate for your loss.
However, recompensation for your damages may help ease some of the financial burdens caused by your loved ones death. You may be able to bring a wrongful death action, and in some cases, a survival claim to recover damages.
You should consult an experienced Baton Rouge wrongful death attorney to determine whether you have a cause of action and to help you get the justice and compensation you are entitled to.
Our compassionate attorneys handle every case with respect and dignity and have a proven record of recovering top compensation for our clients. Call (225) 999-1111 or visit our contact page to schedule a free consultation to discuss your rights.
Why Clients Choose Chris Corzo Injury Attorneys
- Our attorneys get results. We have recovered billions of dollars for our clients.
- Our Christian values drive our practice. We work tirelessly to help loved ones recover the compensation they deserve after a wrongful death.
- We pay all costs of pursuing your claim up front and you pay nothing until we recover your compensation.
- We offer a free consultation to discuss your wrongful death and survival action claims.
What Is a Wrongful Death Claim in Louisiana?
When a person dies because of another party’s negligence or wrongdoing, the decedent’s family members may have the right to recover compensation caused by their death. Louisiana Civil Code Article 2315.2 states:
“Wrongful death action
A. If a person dies due to the fault of another, suit may be brought by the following persons to recover damages which they sustained as a result of the death:
(1) The surviving spouse and child or children of the deceased, or either the spouse or the child or children.
(2) The surviving father and mother of the deceased, or either of them if he left no spouse or child surviving.
(3) The surviving brothers and sisters of the deceased, or any of them, if he left no spouse, child, or parent surviving.
(4) The surviving grandfathers and grandmothers of the deceased, or any of them, if he left no spouse, child, parent, or sibling surviving.
B. The right of action granted by this Article prescribes one year from the death of the deceased.
C. The right of action granted under this Article is heritable, but the inheritance of it neither interrupts nor prolongs the prescriptive period defined in this Article.
D.(1) As used in this Article, the words “child”, “brother”, “sister”, “father”, “mother”, “grandfather”, and “grandmother” include a child, brother, sister, father, mother, grandfather, and grandmother by adoption, respectively.
(2) As used in this Article, the words “child”, “brother”, and “sister” include a child, brother, or sister given in adoption, respectively.
E. For purposes of this Article, a father or mother who has abandoned the deceased during his minority is deemed not to have survived him.”
Just as you have a right to recover compensation from someone who causes you damages by their negligent or wrongful actions, you may recover compensation when those damages result from the death of your family member.
Note that unlike most personal injury claims, a wrongful death claim has a statute of limitations of one year. You must file your wrongful death action within one year of your loved one’s death.
What is a Survival Claim in Louisiana?
If someone has the right to file a personal injury claim for damages sustained due to another party’s negligence or wrongdoing, their family members may enforce that right after their death.
Louisiana Civil Code 2315.1 provides:
“Survival action
A. If a person who has been injured by an offense or quasi offense dies, the right to recover all damages for injury to that person, his property or otherwise, caused by the offense or quasi offense, shall survive for a period of one year from the death of the deceased in favor of:
(1) The surviving spouse and child or children of the deceased, or either the spouse or the child or children.
(2) The surviving father and mother of the deceased, or either of them if he left no spouse or child surviving.
(3) The surviving brothers and sisters of the deceased, or any of them, if he left no spouse, child, or parent surviving.
(4) The surviving grandfathers and grandmothers of the deceased, or any of them, if he left no spouse, child, parent, or sibling surviving.
B. In addition, the right to recover all damages for injury to the deceased, his property or otherwise, caused by the offense or quasi offense, may be urged by the deceased’s succession representative in the absence of any class of beneficiary set out in Paragraph A.
C. The right of action granted under this Article is heritable, but the inheritance of it neither interrupts nor prolongs the prescriptive period defined in this Article.
D.(1) As used in this Article, the words “child”, “brother”, “sister”, “father”, “mother”, “grandfather”, and “grandmother” include a child, brother, sister, father, mother, grandfather, and grandmother by adoption, respectively.
(2) As used in this Article, the words “child”, “brother”, and “sister” include a child, brother, or sister given in adoption, respectively.
E. For purposes of this Article, a father or mother who has abandoned the deceased during his minority is deemed not to have survived him.”
So, if your loved one died from the injuries caused by another party, you may be able to recover the damages they sustained between the time of the injury and their death. For example, you may be able to recover for their medical expenses, lost wages, and other damages incurred.
Note that the statute of limitations for a survival action is also one year from the date of death.
What is the Difference Between Wrongful Death and Survival Actions?
The difference between a Louisiana wrongful death action and survival action is primarily based on who suffered the damages.
If the decedent suffered damages caused by another party’s negligence or wrongdoing and then died from those injuries, his family members or estate may bring a survival action to recover the damages sustained by the decedent.
Compensation from a survival action may include the decedent’s last medical expenses, lost wages incurred after the injury but prior to death, their pain and suffering, property damages, and other expenses or damages experienced by the decedent because of those injuries.
On the other hand, a wrongful death claim is for the benefit of the survivors who suffered damages because their loved one died because of another party’s negligence or wrongdoing. Compensation recoverable in a wrongful death action may include the survivor’s loss of support, guidance, and companionship, and other damages the survivors sustained because of the loss the decedent.
Why You Need an Experienced Louisiana Wrongful Death Attorney
Being represented by an experienced Louisiana wrongful death and survival action attorney can greatly improve your chances of recovering maximum compensation. Additionally, you deserve to focus on your grief and healing and allow an experienced attorney to handle the numerous details involved in pursuing a wrongful death and survival action.
An experienced wrongful death and survival action attorney can investigate the accident or incident that caused your loved one’s death to help determine its causes and liable parties. They can uncover essential evidence to prove your claim, help establish the value of your damages, and negotiate for a fair settlement of your claims.
When necessary, your attorney can take your case to trial to recover the wrongful death and survival action compensation you deserve.
Contact Chris Corzo Injury Attorneys Today
At Chris Corzo Injury Attorneys, our compassionate personal injury attorneys know that nothing can bring back your loved one or compensate for their loss. However, we believe you deserve to recover the damages you are owed to help ease some of the burdens caused by their death.
Our lawyers have the experience, resources, and skills to recover the compensation you deserve in a wrongful death and survival action. Call (225) 999-1111 or visit our contact page to schedule a free consultation to understand your rights and help recover the compensation you deserve.