Lake Charles Wrongful Death & Survival Actions Lawyer

Lake Charles, LA Wrongful Death and Survival Action Attorney

If your loved one has been involved in a major accident in the Lake Charles area, they may have sustained serious injuries, leading to death. If your loved one’s death was the result of another party’s recklessness or negligence, then you can file a lawsuit to fight for the compensation that you deserve. A Lake Charles wrongful death & survival actions lawyer from Sanchez Burke can help you restore justice through compensation for your loss.

Whether you need administrative support during the wrongful death claim process or help with a survival action case, our personal injury attorney team is here for you. We can help you obtain compensation to assist with both financial and emotional losses.

We can negotiate on your behalf with the insurance company representing the at-fault party, and if needed, we can take the case to court and represent you there. Sanchez Burke handles a variety of wrongful death and survival action cases in Calcasieu Parish, from those caused by industrial accidents to medical malpractice.

Lake Charles Wrongful Death Claims Explained

In Lake Charles, Louisiana, a wrongful death claim is brought forth by family members of a loved one who has been killed in an accident. The accident must have been the result of the negligence or wrongdoing of another individual. The at-fault individual responsible for causing the accident may have been particularly careless or violent in their actions.

In Lake Charles, there are two types of wrongful death actions that can occur. If you are considering filing a claim related to the loss of a loved one, then it’s important to understand the different wrongful death actions that you can take in Louisiana.

What Is Survival Action?

One of the wrongful death actions is known as survival action, which is the process of a person recovering damages on behalf of their deceased loved one. The survival action lasts only one year, meaning that the victim has just one year after the death of their loved one to file a claim in order to make up for damages. Only spouses or certain family members are entitled to carry out this process.

Louisiana says that the family of the deceased accident victim has the right to pursue compensation associated with the damages the deceased victim sustained. This can be related to the victim’s property, lost wages, and medical expenses, as well as other damages from the time that the accident occurred up until the time of their death. This compensation can help surviving family members in a time of financial and emotional instability.

A survival action can be considered the claim the victim who passed away would have brought forward if they had not died. Therefore, it includes the opportunity to recover compensation, such as pain and suffering, lost wages, and other damages incurred before death.

However, it does not cover any expenses that might be a consequence of the accident after the victim dies. This includes expenses such as loss of expected or future earnings, funeral and burial costs, and loss of companionship. Any compensation for post-death losses must be fought for through a wrongful death lawsuit.

What Is Wrongful Death Action?

A wrongful death action is the other type of legal action that can take place after a wrongful death occurs. A wrongful death action is for the surviving family members of a victim of a deadly accident caused by neglect or recklessness by another party. The purpose of this action is to make sure that the victim’s family has enough money to pay for direct financial losses associated with the passing of their loved one.

Such financial losses that can be pursued through wrongful death action include loss of income, costs associated with pain and suffering, funeral and burial costs, and other expenses. Similar to a survival action, the statute of limitations on a wrongful death action is a period of one year.

Who Can Pursue Compensation Through The Survival Action Process?

Louisiana law specifically states that a surviving spouse or the children of a person killed in an accident have the right to pursue compensation. However, the accident must have been a direct result of the negligence of another party. If the deceased did not have children or a spouse, then the parents are entitled to pursue compensation. If a parent abandoned the victim who passed away, then they are not entitled to pursue compensation.

In the case that the individual who was killed had no children, spouse, or parents at the time of death, then their siblings can be entitled to pursue compensation for damages. Lastly, if the deceased had no children, spouse, parents, or siblings at the time of death, then their grandparents have the right to pursue compensation for the loss.

It should be noted that all family members mentioned above who inherited their respective relationship with the victim through adoption are entitled to pursue compensation as well. If you are unsure whether you are entitled to file a survival action claim or about who in your family is able to, a survival actions lawyer from Sanchez Burke can analyze the details of your case and inform you of your family’s rights.

Who Can Bring Forward a Wrongful Death Action Claim?

If an individual dies as a result of another party’s actions, then close family members can bring forward a wrongful death claim to recover damages in a certain order, much like that of a survival action. First, if the deceased has children or a spouse, then either the children or spouse will be able to bring the lawsuit. If the deceased has no spouse or children, then their parents can file the lawsuit unless they abandoned the victim when they were a minor.

If the victim of the deadly accident has no spouse, children, or parents at the time of death, then their siblings can file the claim. In the case that there are no children, spouses, parents, or siblings of the deceased, then their grandparents can bring the claim forward. Adopted family members have these rights as well.

It’s important to note that not all deaths in Louisiana can qualify for wrongful death claims, which require proving that an individual was killed as the result of someone else’s wrongdoing. Therefore, it is advantageous to hire a wrongful death claims lawyer who can represent your case and prove that your loved one was wrongfully killed.

What Is the Statute of Limitations for Survival Action & Wrongful Death?

While other states have a statute of limitations that lasts from two to five years, the state of Louisiana has a strict and limited time period of one year (prescriptive period). This means that time is of the essence in wrongful death cases.

A wrongful death case lawyer from Sanchez Burke, can help you meet other critical deadlines and submit all documentation properly so that no chances of compensation are missed due to bureaucratic mistakes. They can also help you determine whether there is a different statute of limitations that may be subject to your unique case.

What Damages Can I Recover From a Wrongful Death Case?

The state of Louisiana recognizes that losing a loved one to a tragic cause is extremely difficult and, therefore, protects the right to pursue damages under the law. If you have lost a loved one as a result of an accident caused by the neglect or wrongdoing of an individual, it is important to exercise your right to recover damages.

In order to support the surviving family members of the deceased, financial compensation can be given as recognition of lost financial support and benefits, lost services and labor within the home, lost affection and care, and lost community. Additionally, financial compensation through a wrongful death action can cover the mental anguish associated with losing a loved one tragically.

Through a survival action, family members of the deceased can recover financial compensation for the suffering of the individual during the event up to the moment of death. This can include any physical or mental pain, as well as terror that they may have felt. Finally, burial and funerary expenses can be covered through a wrongful death action.

The insurance company of the individual responsible for the victim’s death will pay the financial compensation to the victim’s family. If the court rules on a settlement that is greater than what can be covered by the responsible individual, then they will have to pay for the damages out of their own personal expenses.

What Are the Most Common Causes of Wrongful Death Cases?

According to the law in the state of Louisiana, wrongful death is when one individual dies due to the fault of another party. The party responsible for the wrongful death case can either be an individual, organization, or business. Some common examples of wrongful death causes include:

• Medical Malpractice. This could include misdiagnosis, prescription errors, or surgical errors, among other examples. For instance, a surgical error could be due to a service provider not being alert and carrying out a surgical procedure incorrectly as a result.
• Defective Products. A common example of defective products includes vehicles that malfunction suddenly, resulting in the death of drivers or passengers.
• Obstetric Injuries. Oversight or neglect of medical professionals during childbirth can cause serious maternal injuries that eventually lead to death.
• Motor Vehicle Accidents. Examples include a drunk driver, or a driver driving aggressively and speeding, which, causes a wreck with one or more casualties.
• Occupational Hazards. If an individual is exposed to outlawed harmful chemicals at work, eventually leading to their death, their employer can be sued for negligence to keep the workplace safe.
• Premises Accidents. Accidents that occur on private property due to negligence of the owner, such as slip and fall accidents, can lead to death.

A wrongful death case can be caused by an individual’s unintentional acts of recklessness or negligence, or it can result from intentional acts.

Should I Pursue a Wrongful Death Claim or a Survival Action Lawsuit in Lake Charles, LA?

If you have lost a loved one due to an accident caused by the wrongdoing of another individual, you may be wondering how to pursue compensation for the losses incurred both before and after their death. It can be complex to understand which kind of claim is right for your situation and whether you should file for one or the other or even both.

If your loved one incurred any suffering between the accident and up to the time of their death, you can try to recover losses on their behalf through a survival action. Even if it appears that they suffered immediate death, you may be able to prove that there was a brief amount of time in which they were alive and aware of their situation.

Wrongful death claims, on the other hand, are for recovering compensation for losses after the death of a loved one, and they can include expected lost wages, funeral expenses, and burial costs.

If you are unsure of how to approach pursuing compensation for the tragic loss of your loved one, a compassionate survival actions and wrongful death lawyer from Sanchez Burke can assist you. We can analyze all of the details that occurred before, during, and after the accident to understand which strategy can be employed to optimize your compensation.

Work With a Lake Charles Wrongful Death & Survival Actions Lawyer

Losing a loved one is never easy, especially if they pass away due to the senseless actions of another human being. While legal action and compensation can never make up for the hole left by their death, pursuing compensation can help restore some justice to the situation, as well as provide you with financial stability.

An empathetic and experienced lawyer from Sanchez Burke can offer you the emotional and legal support that you may need through this difficult time. We take a trauma-informed approach to understanding the needs of our clients after the death of a loved one. Contact us today to start working toward the compensation your family is entitled to.