Losing a loved one unexpectedly due to the negligence or reckless action of another party is devastating. During this painful time, seeking justice can feel impossible, but you do not have to carry that burden alone. Wrongful death and survival actions exist to hold negligent parties accountable and provide financial security for the future of the surviving family members. Badon Law Firm is the experienced wrongful death attorney in Louisiana, you need. We bring decades of legal expertise, relentless advocacy, and client-focused representation from a family-run firm to secure the maximum recovery you and your family deserve.
What is the Difference Between a Wrongful Death and a Survival Action?
In Louisiana, when a person dies due to the negligence of another, their family typically has the right to file two distinct, yet related, types of claims. Understanding the difference between these two actions is the first step a survival action lawyer will take to maximize your family’s compensation.
- Wrongful Death Action: This claim is brought by specific surviving family members (such as the spouse, children, parents, or siblings) for the damages they have suffered as a result of the death. This action compensates the living for their loss from the moment of the victim’s death onward.
- Survival Action: This claim is brought by the family on behalf of the deceased person’s estate. This action seeks compensation for the injuries, pain, suffering, and damages the victim suffered between the time of the injury and the moment of death.
Our Client-Focused Difference: During this difficult time, our family-run firm handles all the complex legal steps, allowing your family to focus on healing while we focus on securing justice and financial stability for your future.
Who is Eligible to File a Wrongful Death Claim in Louisiana?
Louisiana law strictly defines the individuals who are legally eligible to file a wrongful death lawsuit. These eligible claimants are ranked in a specific order of preference. As your dedicated wrongful death attorney, we ensure the claim is properly filed by the correct parties to protect its validity. In Louisiana, the order of preference for claimants is:
- First: The surviving spouse and/or children of the deceased.
- Second: The surviving parents of the deceased, if there are no surviving spouse or children.
- Third: The surviving siblings of the deceased, if there are no surviving spouse, children, or parents.
- Fourth: The surviving grandparents of the deceased, if there are no surviving spouse, children, parents, or siblings.
What Damages Can a Survival Action Lawyer Recover for My Family?
The purpose of both the survival action and the wrongful death claim is to secure the maximum financial recovery possible to provide stability after a profound loss. Our decades of legal expertise and proven track record mean we leave no avenue unexplored when calculating the full value of your claim against the negligent party in Louisiana. We fight relentlessly to secure compensation for significant damages, including:
- Economic Losses: This includes the loss of the deceased person’s future income and earning capacity, lost benefits, and the substantial cost of medical and funeral expenses.
- Loss of Support and Services: Compensation for the value of the financial support, household services, guidance, and training the deceased person would have provided to the surviving family members.
- Non-Economic Damages: Recovery for the deep emotional distress, grief, sorrow, and the permanent loss of the deceased’s love, companionship, and society.
- Pain and Suffering (Survival Action): Compensation for the physical pain and mental anguish endured by the deceased person before their death.
Seek Justice with a Dedicated Louisiana Wrongful Death Attorney
If your loved one’s death was caused by negligence in Louisiana, or a surrounding parish, you need aggressive legal advocates who can navigate the emotional difficulty and the complex legal statutes. Badon Law Firm is the experienced wrongful death attorney you need, offering a proven track record, decades of legal expertise, and the client-focused representation of a family-run firm. We provide the relentless advocacy necessary to hold the responsible parties accountable and secure your family’s maximum recovery.
Call us today at (337) 433-4608 for a free, confidential consultation to begin your fight for justice.