While all New Orleans wrongful death lawsuits are brought under difficult circumstances, the most tragic cases involve a loved one who suffers from the time of injury until death. When this happens, the family of the victim may be entitled to pursue a survival action in addition to the wrongful death case.
A survival action is for the recovery of damages suffered by the decedent from the time of injury until death. Specific damages that may be pursued in a survival action include medical expenses, lost wages, pain and suffering, and mental anguish. If the circumstances surrounding the victim’s death, medical records, or other evidence indicates that the victim passed away instantaneously after being injured, a survival action usually cannot be pursued.
If, however, the victim did not die immediately and there is even a bit of evidence that he or she was aware enough to experience – at least on some level – the pain and suffering caused by the fatal injuries, then the family is entitled to compensation. In cases where the victim is essentially unconscious for the entire period prior to his death, however, survivors may not be entitled to recover for the deceased’s pain and suffering.
In addition to the survival action, family members may be entitled to recover for wrongful death damages such as loss of love and affection, loss of services, loss of support, medical expenses and funeral expenses.
If your loved one passed away as a result of another’s negligence, we would be happy to answer any questions you may have. Please feel free to call us at 504-581-6411 or 855-GERTLER.