What is a “survival action” related to a Louisiana wrongful death claim?
A survival action in a Louisiana wrongful death claim is a provision in which the victim’s estate may claim damages which the victim could have otherwise pursued. This is assuming that if the victim had lived, they would have made these claims in a personal injury lawsuit.
Damages that may be recovered by a survival action generally include medical bills and any pain and suffering that the victim experienced before death.
For instance, if a man is injured in a car accident, but he does not die right away, there may be medical treatment and physical anguish in the time leading up to his death. Whether this time period lasts a few hours or for several days, the victim’s estate may pursue a Louisiana survival action to recover the pre-death damages.
Where can I find help with my Louisiana survival action?
The statutes related to a Louisiana survival action can be downloaded at the Louisiana State Legislature website.
Alternatively, you can seek the help of a Louisiana personal injury attorney, who will hear your case, inform you of your legal options, and estimate the value of your claim. If you wish to pursue a Louisiana survival action, a Louisiana personal injury attorney can help you build a solid and thorough case.
The Baton Rouge personal injury lawyers at The Law Offices of J. Price McNamara can look at the evidence in your survival action case, determine liability and help you file your Louisiana wrongful death claim. Contact us today to set up a free consultation of your case – (866) 248-0580.