What is a survival action?

On Behalf of | Nov 17, 2022 | Wrongful Death

After a person is injured in an accident caused by another person’s negligence, the injured may hold the negligent party liable for their damages through a personal injury lawsuit. In cases involving fatal accidents, Louisiana law allows family members of the victims to pursue compensation for the loss of their loved ones through wrongful death actions. These actions may pay for the future damages such as lost income, lost guidance and other services provided by the loved one. This compensation covers the damages families suffer after the death.

Basics of survival actions

The family of the victim may also recover damages for their loved one’s medical costs due to the accident, and also for the damage to their property.

Technically, these damages are recovered with a survival action and not a wrongful death action. In these cases, the family members seek to recover compensation that their loved one could have recovered hat they survived.

A survival action can be initiated within one year of the victim’s death. Only close relatives have the right to make this type of legal filing: spouses, children or grandchildren. If none of these relations are available, the right may go to the parents of the deceased. If the parents are not available, the right may go to the siblings of the deceased.

Losing a loved one in Louisiana can be difficult no matter how it occurs. However, losing loved ones suddenly in fatal accidents can be particularly difficult. Families are left with no time to prepare for life without their loved one.