Losing a loved one due to someone else’s negligence or wrongdoing is an unimaginable tragedy. In Louisiana, families who have suffered such a loss may pursue legal action to seek justice and financial compensation. However, there are two distinct types of legal claims that can be filed in these situations: wrongful death claims and survival actions. While both aim to provide justice for the deceased and their loved ones, they serve different legal purposes and compensate for different types of damages.
Understanding the differences between these two legal actions is crucial for grieving families who are seeking financial recovery. A wrongful death claim is filed to compensate surviving family members for their losses, such as emotional suffering and financial hardship. On the other hand, a survival action allows the deceased person’s estate to recover damages for the pain and suffering the victim endured before their passing. Many families turn to the award-winning injury lawyers in Baton Rouge at Chris Corzo Injury Attorneys to deal with these complex claims for experienced legal guidance and compassionate representation.
What Is a Wrongful Death Claim?
A wrongful death claim is a legal action brought by surviving family members against the party responsible for their loved one’s death. This type of lawsuit seeks to compensate the deceased’s relatives for the personal and financial losses they have suffered due to the untimely passing of their loved one.
In Louisiana, wrongful death claims can arise from various circumstances, including:
- Car accidents caused by negligent or reckless drivers
- Medical malpractice resulting in fatal injuries
- Workplace accidents due to unsafe conditions or employer negligence
- Defective products leading to fatal injuries
- Criminal acts, such as assault or homicide
The goal of a wrongful death claim is to provide financial relief to the deceased’s spouse, children, parents, or other eligible family members who have been emotionally and financially impacted by the loss. Compensation in these cases can include funeral expenses, loss of companionship, lost future income, and emotional suffering.
Who Can File a Wrongful Death Lawsuit in Louisiana?
Louisiana law outlines a specific order of priority for who is eligible to file a wrongful death lawsuit:
- The surviving spouse and children of the deceased have the first right to file.
- If there is no surviving spouse or child, the deceased’s parents may file the claim.
- If the deceased has no living parents, the siblings may bring a lawsuit.
- If no spouse, children, parents, or siblings are available, the deceased’s grandparents can file the claim.
Wrongful death lawsuits must be filed within one year from the date of death, according to Louisiana’s statute of limitations. Failing to file within this timeframe can result in the loss of the right to pursue compensation.
What Is a Survival Action?
Unlike a wrongful death claim, a survival action focuses on the damages suffered by the deceased person before their passing. This type of claim is meant to continue the legal rights of the deceased, allowing their estate to recover damages that the person would have been entitled to if they had survived.
A survival action can be filed in cases where the victim did not die immediately from their injuries but endured pain, suffering, and medical expenses before passing away. Common situations that lead to survival actions include:
- Severe injuries from a car accident, where the victim was hospitalized before succumbing to their injuries
- Medical malpractice cases where the patient suffered for a period before dying
- Workplace injuries where the victim experienced significant suffering before death
Compensation in a survival action is meant to reimburse the estate for medical bills, lost wages, property damage, and any pain and suffering experienced by the deceased before they died. The funds recovered in a survival action become part of the deceased’s estate and are distributed according to their will or Louisiana’s inheritance laws.
Who Can File a Survival Action in Louisiana?
Survival actions follow the same eligibility rules as wrongful death claims. The executor of the deceased’s estate or an eligible family member—such as a spouse, child, or parent—can file a survival action. If there is no designated executor, the court may appoint one to handle the claim on behalf of the estate.
Like wrongful death lawsuits, survival actions must also be filed within one year from the date of the victim’s death. Delaying legal action beyond this period may result in the loss of the right to seek compensation.
Key Differences Between Wrongful Death and Survival Actions
Although wrongful death claims and survival actions often arise from the same incident, they are legally distinct and serve different purposes:
| Aspect | Wrongful Death Claim | Survival Action |
| Who the Claim Benefits | Surviving family members (spouse, children, parents) | The deceased’s estate |
| Damages Covered | Funeral costs, lost income, emotional suffering, loss of companionship | Medical bills, lost wages, pain and suffering before death |
| Purpose of the Claim | To compensate the family for their loss | To recover damages the deceased suffered before passing |
| Who Can File? | Spouse, children, parents, siblings, or grandparents | Executor or surviving family members |
| Time Limit to File | One year from the date of death | One year from the date of death |
Why Families May Need to File Both Claims
In many cases, families file both a wrongful death claim and a survival action to seek full justice for their loss. For example, suppose a victim sustained severe injuries in a car accident and survived for several weeks before passing away. In that case, the family may file a survival action to recover medical expenses and the victim’s pain and suffering. At the same time, they can pursue a wrongful death claim to seek compensation for their own financial and emotional losses caused by the death.
Since both claims involve different types of damages and legal strategies, working with an experienced attorney is essential to ensuring the family receives the maximum compensation available under Louisiana law.
How an Attorney Can Help in Wrongful Death and Survival Action Cases
Filing a wrongful death or survival action lawsuit requires extensive legal knowledge and the ability to prove liability, calculate damages, and navigate Louisiana’s legal system. An experienced attorney can:
- Investigate the circumstances of the death to determine liability
- Gather medical records, accident reports, and witness statements
- Calculate economic and non-economic damages to ensure fair compensation
- Handle negotiations with insurance companies or take the case to trial if necessary
The award-winning injury lawyers in Baton Rouge have extensive experience handling wrongful death and survival action cases. Their legal team provides compassionate representation, ensuring that grieving families receive the justice and financial support they deserve.
Understanding Your Legal Options After a Tragic Loss
Losing a loved one due to negligence is devastating, but Louisiana law allows families to pursue wrongful death claims and survival actions to seek justice and financial recovery. While wrongful death claims focus on compensating surviving family members, survival actions allow the deceased’s estate to recover damages for their pain, suffering, and medical expenses before death.
Understanding the differences between these claims is essential when pursuing legal action. If your family has lost a loved one due to someone else’s negligence, consulting with an experienced attorney can help you navigate the legal process and obtain the compensation you deserve.
Lynn Martelli is an editor at Readability. She received her MFA in Creative Writing from Antioch University and has worked as an editor for over 10 years. Lynn has edited a wide variety of books, including fiction, non-fiction, memoirs, and more. In her free time, Lynn enjoys reading, writing, and spending time with her family and friends.
