wRONGFUL DEATH Attorneys
What are survival damages and wrongful death damages?Survival damages are allowed under Louisiana Civil Code Article 2315.1 — these may be claimed by the surviving spouse and children of the deceased. If there are no surviving spouse or no children, survival damages may be claimed by other family members as allowed by statute. These refer to damages that would have belonged to the deceased if he had survived, for example: physical pain and suffering, mental pain and suffering, disability, and loss of enjoyment of life of the decedent experienced before death.
Wrongful death damages are allowed under Louisiana Civil Code Article 2315.2 — these may be claimed by the surviving spouse and children of the deceased. If there are no surviving spouse or no children, wrongful death damages may be claimed by other family members as allowed by statute. Wrongful death damages may include funeral expenses, medical expenses, loss of affection, loss of consortium, mental pain, suffering, and anguish resulting from the decedent’s death, loss of quality of life.
When SHOULD I CONTACT AN ATTORNEY IF I BELIEVE I MAY HAVE A WRONGFUL DEATH OR SURVIVAL ACTION?
When a loved one is terminally ill or severely injured, it may be difficult to reach out to an attorney. However, it is important to preserve evidence prior to the death of a loved one, if possible. For example, if a loved one is terminally ill due to a toxic exposure, it may be critically important to have your loved one deposed to explain when/where/and how exposure occurred. Our firm is experienced in preserving evidence during a difficult time. Louisiana also has specific statutes of limitations, which may forever bar a claim for wrongful death or a survival action if a lawsuit is not filed within a certain time as provided in statutes. It is important to consult with an attorney to preserve your claim within the prescription period.