When a loved one is killed as a result of the fault of another, the victim’s survivors are faced not only with the grief and pain of loss, but also with the agony of injustice and the burden of psychological and financial strain. No matter what the cause of Wrongful Death, whether in an auto accident or an industrial mishap, or as a result of a defective product or a dangerous premise, the deceased’s survivors may be entitled to monetary damages.
Under Louisiana law, the “survivor” may recover for the suffering of the deceased prior to his death, as well as for his own losses caused by the death, including lost income and medical expenses, loss of love and affection, loss of society and services, and other elements of recovery. The latter is known as the “Survival Action”. Most states in the country have similar laws.
Recoveries for Wrongful Death and Survival vary widely and are tied to such factors as the earning capacity of the deceased and the nature and closeness of the relationship to the survivor. Needless to say, this is another area of the law where experience can make all the difference. At Palmintier Law, we have handled hundreds of these difficult cases and have tried many of them to successful judgments.