A wrongful death claim arising from a car accident is a type of car accident claim. The big difference is that in a wrongful death claim in Louisiana, the law dictates the family member(s) who may pursue the claim.
When a death occurs as a result of a car wreck, certain family members of the decedent may bring “wrongful death claims” and “survival actions.” These terms are often used interchangeably, but they are different. Wrongful death actions seek damages to the decedent’s family member, suffered by them personally as a result of their loved one’s death. Claims include, but are not limited to loss of love and affection, funeral expenses, and in some instances, loss of financial support.
Survival actions, on the other hand, are the claims the decedent would have had if they had not died. They include the decedent’s own pain and suffering and mental anguish from the time of injury until the time of death, as well as any medical bills they incurred prior to death.
If you are struggling with the loss of a loved one due to a car accident, please let us help explain your rights. We offer free, confidential, and “no pressure” consultations.
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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.
