A wrongful death case describes a case in which the wrong-doer, which is known as the tortfeasor under the legal terminology, has caused the death of a victim through his wrongful or negligent conduct. But for the negligence of the person, the victim would still be alive today. Wrongful deaths may occur through any type of negligence, including car accidents, truck accidents, premises accidents, medical malpractice, or any other type of personal injury negligence.
In Louisiana, there are two components to a Wrongful death action. The survival action and the wrongful death action. The survival action are damages that are recoverable by the spouse and/or children (or other relatives if no spouse or child is alive). It is designed to compensate for the conscious pain and suffering a victim may have suffered during the time period between the accident and the actual death. Drowning victims often suffer a lot before they expire.
The wrongful death action is designed to compensate the spouse and/or children (or other relatives if no spouse of child is alive) for the loss of the relationship between the deceased and their spouse and/or child. The stronger that relationship was, the more compensation that is due for the loss of the loved one.
We have experience and a proven track record of success in handling wrongful death and survival actions when a victim dies as a result of the negligence of another. Let us provide you with a free case review to help you determine if you have a provable case of Wrongful Death.