What is a wrongful death?
The phrase “wrongful death” is a civil law term meaning that the person’s death was caused by the fault of another party.
An action for wrongful death can arise in a car wreck, by a defective product or by medical negligence just to name a few potential causes of action.
Wrongful death is a legal term used to describe a situation where someone dies as a result of the wrongful or negligent actions of another party.
Wrongful death lawsuits are typically brought by the surviving family members of the deceased person, and are intended to compensate them for the losses they have suffered as a result of the death.
Wrongful death can occur in a variety of circumstances, including car accidents, medical malpractice, defective products, and workplace accidents. To prove a wrongful death claim, the plaintiff (i.e. the surviving family members) must typically show that:
The death was caused, in whole or in part, by the actions of the defendant
The defendant was negligent, reckless, or intentionally caused the death, and the plaintiff suffered damages as a result of the death.
How are family members compensated?
Damages in a wrongful death lawsuit may include compensation for medical expenses, funeral and burial costs, lost income and earning potential, and loss of companionship and support. In some cases, punitive damages may also be awarded to punish the defendant for particularly egregious conduct.
Wrongful death lawsuits can be complex, and require the assistance of an experienced personal injury attorney. An attorney can help the surviving family members to navigate the legal process, gather evidence to support their claim, and negotiate with insurance companies and other parties involved in the case.
If you or your family member have suffered personal injuries in a Covington car accident, you may be entitled to compensation. I am a Covington car accident attorney who can advise you of your rights if you have been injured by in a car crash.
We can help you with the insurance claims process if you qualify, and take steps to preserve your rights so that you can focus on your medical treatment and getting better.
I have experience in a variety of personal injury matters including motor vehicle accidents, 18 wheeler wrecks, wrongful death claims and defective product litigation.
If you or your loved one has been hurt by another person’s negligence, it is recommended that you speak to a personal injury lawyer to discuss your rights. Before you accept a quick check from an insurance company, it is recommended that you speak to an attorney with experience in personal injury cases first.
Wrongful death cases are emotionally difficult because the person’s relatives have to bring the case on their behalf. I have handled a number of wrongful death cases in my career and each one is difficult and emotionally draining.
The damages available to you in a wrongful death case are quite different than those in a typical personal injury claim.
First, wrongful death claims generally won’t have future medical costs which are associated with the costs incurred to treat someone who has a serious, debilitating injury that requires regular medical care such as nursing services, home health, prescription meds, and future surgeries.
Second, in Louisiana, the law will typically limit the pain and suffereing damages to the amount of time the person survived between the event that caused the injury and when the person died.
This is a harsh rule and we strongly object to it. Louisiana juries have often awarded substantial amounts of damages in wrongful death cases only to have them reduced on appeal.
The actions for “wrongful death” and “survivorship” are defined in the Louisiana Civil Code.
Generally speaking, you only have one year from the date of death to file a lawsuit.
Eligible plaintiffs can sue for loss of support, loss of income, pain and suffering among other types of damages.
Have you won wrongful death cases?
Yes. I have helped families recover damages for the wrongful death to their loved ones in medical negligence cases. Hire a lawyer experienced in wrongful death and survival actions.
Wrongful Death Law
Louisiana Civil Code Article 2315.2. 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. 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.
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.
What are Survival Damages?
People who are entitled to sue for the wrongful death of a person are defined in La. C.C. art. 2315.1, quoted here in full:
Louisiana Civil Code Article 2315.1. 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. 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.
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
