If a loved one has died due to someone else’s negligence, you may be entitled to receive money damages by bringing a survival or wrongful death action. A New Orleans wrongful death lawyer at Smiley Law Group can help you throughout this tragic time and relieve much of the unwanted stresses.
Tort law in Louisiana has specific statutes which lay out the process for loved ones who have died due to someone else’s negligence. If you have had a horrific event happen like a car accident, medical malpractice, or another catastrophic accident that has taken the life of someone close to you, then it is possible that you or a closer relative may be able to bring either a Survival or Wrongful Death action, or both.
Survival Action is codified by Louisiana Civil Code Article 2315.1. It states that if a person who was injured, dies then the rights that the deceased person would have had if they lived is passed down to the next class of persons that the law entitles to collect. So basically the survivor steps into the shoes of the deceased person and brings all of the claims, within one year of the death, that the decedent could have brought. Level one is the surviving spouse and children, if no one exists at this level then level tow is the surviving parents of the deceased, if neither are alive, then the surviving siblings of the deceased and finally if none are in that class then the surviving grandfathers and grandmothers of the deceased. This sounds confusing but it works like this 1) spouse/children, 2) father/mother 3) siblings, then 4) grandparents.
It is important to make sure that the one year prescription period on this type of claim does not expire. There may be a number of different claims that the survivor can make when it comes to negligent acts of others, let the experienced lawyers at the Smiley Law Firm help you in these troubled times. Fill out the contact form on this page to set up a free consultation to see if you or someone in your family has a survival action for the loss of another loved one.
Wrongful Death Action is different than the survival action above because this action, codified by Louisiana Civil Code Article 2315.2, is brought by the living person who suffered damages as a result of the death of a family member. Like the survival action, you must be in a specific class in order to bring this type of claim and if there is someone alive in a class above you then you, cannot bring the claim. The classes lay out the same, 1) spouse/children, 2) father/mother 3) siblings, then 4) grandparents.
The damages here prescribe or expire one year after the death of the of the deceased. The type of damages awarded here are, general, financial contributions, loss of services along with pain and suffering. Courts will try to compensate the loss by ordering the negligent party to pay money damages to the surviving family.
If a relative has suffered a wrongful death due to the negligence or recklessness of another, you may be entitled to compensation. Contact Smiley Law Firm to speak with a New Orleans wrongful death lawyer.