Assumption Parish Survival Action Lawyer
If one of your family members dies as a result of something someone else did, you may be entitled to pursue a survival action. Unlike a wrongful death lawsuit, a survival action involves recovering pre-death damages that the victim could have recovered if they had lived. In other words, a survival action allows individuals to pursue a personal injury claim on behalf of their deceased family member.
With the support of a compassionate Assumption Parish survival action lawyer, Louisiana families can receive the justice they deserve when a family member dies a wrongful death. A qualified wrongful death attorney can lay out your legal options and help you build a strong case in order to hold the negligent party accountable and pursue the compensation you and your family rightfully deserve.
Defining Survival Actions
According to Louisiana’s survival action laws, surviving family members have the right to recover damages for a loved one’s injuries when that person dies a wrongful death. This is because the deceased could have filed a personal injury lawsuit if they had survived, and they may have been able to receive compensation for the lost wages, pain and suffering, and other damages they incurred prior to dying.
Who May Pursue a Survival Action in Assumption Parish?
The surviving spouse and children of the deceased may have the right to recover damages on behalf of the victim. However, if the deceased party was not married and had no children, other family members may be able to pursue a survival action. These may include parents, siblings, and grandparents in that order of priority, each party becoming eligible to file only if the previous party in the list is not available.
Survival Action Time Limits in Assumption Parish
It is important to note that families in Assumption Parish must pursue a survival action within one year of the time of injury before death, as any claims that are filed after this time period may be dismissed. That is why it can be essential to speak with a knowledgeable Assumption Parish survival action attorney to learn more about the specific statute of limitations.
What Damages Are Available Under Louisiana Survival Action Laws?
Many families wonder what types of damages are available under survival action laws. Since survival laws cover damages that the deceased party incurred immediately after their injury all the way leading up to their time of death, families may be awarded compensation for the deceased’s pain and suffering, lost earnings, medical bills, property damage, and more.
However, survival actions cannot award damages for post-death damages like funeral expenses, loss of companionship, or loss of expected earnings. This type of compensation is best pursued through a wrongful death lawsuit. It is important to keep in mind, though, that families can pursue a survival action, a wrongful death claim, or both types of action depending on the circumstances. To learn more, contact a personal injury lawyer.
Contact an Assumption Parish Survival Action Attorney
When deciding whether to pursue a wrongful death claim or survival action, consider speaking with a qualified Assumption Parish survival action lawyer. A compassionate and dedicated attorney could help explain the differences between the two types of actions and give you the advice you need to navigate the legal process and make the right decisions for you and your family. Call today to find out what assistance may be available to you.