Wrongful Death and Survival Lawyers in Baton Rouge, LA

Wrongful death and Survival

After a loved one passes away, it can be overwhelming. It can be especially bewildering if you believe it was avoidable, and someone else is to blame. In Louisiana, there are two main forms of recovery following the death of a loved one, Survival action and Wrongful Death action. These present recovery for different damages, but are often filed under the same law suit.

Survival

In Louisiana, a survival action is controlled by Civil Code Article 2315.1. It is the action to recover the damages suffered by the deceased person. The code article sets our a heicharchy of people who can recover.  There are four groups and once a member of a group is found none of the other groups can recover.

• The surviving spouse and child or children of the deceased, or either the spouse or the child or children.
• The surviving father and mother of the deceased, or either of them if he left no spouse or child surviving.
• The surviving brothers and sisters of the deceased, or any of them, if he left no spouse, child, or parent surviving.
• The surviving grandfathers and grandmothers of the deceased, or any of them, if he left no spouse, child, parent, or sibling surviving.

If there is no class beneficiary, an action can be asserted by the deceased’s succession.

Wrongful death

In Louisiana, a wrongful death action is controlled by Civil Code Article 2315.2. It is the action for beneficiaries for their own damages such as loss of income, love, consortium, etc. The code article sets our a heicharchy of people who can recover.  There are four groups and once a member of a group is found none of the other groups can recover.

• The surviving spouse and child or children of the deceased, or either the spouse or the child or children.
• The surviving father and mother of the deceased, or either of them if he left no spouse or child surviving.
• The surviving brothers and sisters of the deceased, or any of them, if he left no spouse, child, or parent surviving.
• The surviving grandfathers and grandmothers of the deceased, or any of them, if he left no spouse, child, parent, or sibling surviving.

In a free initial consultation, experienced Baton Rouge wrongful death lawyer Erik M. Tadda can tell you exactly where you stand and whether he can help you get compensation for medical bills, pain and suffering, lost wages, or any other damages arising from the fatal accident.