Areas of Practice
Wrongful Death / Survival Claims
What is the difference between wrongful death and survival claims?
Wrongful death and survival claims may both be brought when a loved one dies in an accident which was caused by someone’s negligence or even intentional act, but they are not the same. A wrongful death claim is brought by the family of the deceased person for their own individual damages and include their pain-and-suffering, the current and future income they will lose because of their loved one’s death, and funeral and burial expenses. A survival claim on the other hand is a claim that the deceased person could have brought for his/her own damages had he/she not died. These damages include the deceased person’s pre-death medical bills, pre-death pain-and-suffering and loss of enjoyment of life, and pre-death lost wages.
Who can file a wrongful death or survival claim?
Louisiana law defines who can file wrongful death and survival claims. Individuals who may be allowed to assert these claims include the surviving spouse and children of the deceased person, the surviving parents, their surviving siblings and even their surviving grandparents. Louisiana law also sets a very strict time limit as to when these claims can be asserted. This is why it is important that if you have a loved one whose death was caused by someone else’s fault, you need to contact an attorney with Luneau & Beck, LLC to see if you are entitled to file a wrongful death and/or survival claim.
How much does Luneau & Beck, LLC charge?
The attorneys at Luneau & Beck, LLC work on a contingent basis. This means that our clients do not owe us anything unless we obtain a financial recovery on their behalf. While many cases settle without going to trial, the attorneys at Luneau & Beck, LLC have experience going to trial in city, state, and federal courts before both judges and juries. While a settlement may be your desired outcome, sometimes insurance companies refuse to settle cases. When this happens, the attorneys at Luneau & Beck, LLC have the expertise to stand up to the insurance companies and to present your case in the best possible light to get you the compensation that you deserve.