When a family member dies due to the negligence of someone else, certain family members have the right to pursue personal injury claims. These are referred to as wrongful death and survival claims. Knowing the difference is important.
A survival claim includes all of those claims the decedent would have had if he had survived the accident. These include things like the victim’s conscious pain and suffering, medical bills, and funeral expenses.
A wrongful death claim includes the survivors’ personal claims due to the loss of the loved one. These include loss of support and loss of consortium (love an affection).
In Louisiana, only certain people may bring wrongful death and survival claims. Pursuant to Louisiana Civil Code Articles 2315.1 and 2315.2, the following people may bring the actions to the exclusion of those below them on the list:
1. The surviving spouse and child or children or either the spouse or child;
2. The surviving father and mother, or either of them;
3. The surviving brothers and sisters, or any of them; and
4. The surviving grandfathers and grandmothers, or any of them.
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Our legal library is full of articles on a variety of topics related to personal injury claims in Louisiana. Learn about how accidents happen, what to do when you are a victim, and how an attorney can help you fight for the compensation you may deserve.
