Under Louisiana law, when a person suffers a wrongful death or dies as a result of the fault of another person, the exclusive class of beneficiaries who may bring survival action and wrongful death claims are limited as follows:
- The surviving spouse and children of the deceased.
- The surviving parents of the deceased, only if there are no surviving spouse or children.
- The surviving brothers and sisters, only if there are no surviving spouse, children or parents.
- The surviving grandparents, only if there are no surviving spouse, children, parents or siblings.
The survivors are entitled to collect money damages to compensate for the deceased's survival action or pre-death pain and suffering, and also for their own wrongful death damages resulting from the death.
A survival action is for the recovery of damages for pre-impact fear, pain, suffering and any other damages to the decedent from the time the injuries occurred until his or her death. Damages are properly awarded if there is a scintilla of evidence of any suffering or pain on the part of the decedent by his actions or otherwise. Our experienced Louisiana appellate lawyers handled the reported case of Cox v. Moore, wherein the mother of a young girl was awarded $150,000 for her daughter's pre-death pain and suffering based on evidence that the child gurgled and then squeezed the hand of a bystander one time upon command before dying at the accident scene.
Wrongful death claims do not arise until the victim dies and it compensates the survivors for their own injuries suffered after the death of the victim. The elements of the award for wrongful death damages include loss of love, affection and companionship of the deceased, and the past and future grief and anguish of the survivors, as well as for loss of support, and funeral and burial expenses.
The experienced Baton Rouge, Louisiana wrongful death lawyers at Dué Guidry Piedrahita Andrews L.C. have handled many wrongful death cases. Our attorneys and staff understand the emotional and financial burden that accompanies an unexpected death and we have the compassion and sympathy necessary to help you and your family through the difficult time. Contact one of our Baton Rouge, Louisiana accidental death attorneys to schedule a FREE CONSULTATION.