How is a Louisiana wrongful death claim different from a survival action?

Описание: How is a Louisiana wrongful death claim different from a survival action? | Keith Magness | Law Office of Keith L. Magness LLC | Helping victims of car, truck and motorcycle accidents receive and keep more of the compensation they deserve | (504) 264-5587 | http://MagnessLaw.com | New Orleans, LA



When somebody dies as a result of somebody else's fault, there's a couple potential claims that could be made. The first one is, obviously, a wrongful death claim. A wrongful death claim is designed to compensate the loved ones of the decedent. Children, spouses, things of that nature, for the loss that they've suffered. It could be lost income if it was a wage earner, or just love and affection. All of those things would be potentially compensable in a wrongful death action. The second action is a survival action. A survival action is an action that the survivors of the decedent make on behalf of that decedent. If death wasn't imminent, if there was some type of suffering that occurred with the decedent from the time of the accident to death, those claims survive the death of the decedent and their heirs, their survivors, would actually bring that claim against the wrongful actor in an effort to try and compensate the person who died for the suffering they endured before their death.