While no amount of money can replace the loss of a cherished family member, pursuing and winning a wrongful death and survival lawsuit may be essential for your family. The negligence-caused death of your loved one may have left your family with substantial expenses as well as with a massive loss of income that was previously provided by the deceased. All of these things indicate that an award of damages is appropriate to compensate for these losses, and help keep your family on more solid financial ground. To find out more about how to pursue a winning claim for wrongful death and survival, reach out to a knowledgeable New Orleans injury attorney.
The family of a Concordia Parish man found themselves in litigation due to such a tragic situation. R.S. was a father of four who, in the early fall of 2015, was traveling on U.S. Highway 84 northwest of Baton Rouge. On that trip, he encountered a 18-wheel log truck driven by M.G. The 18-wheeler and R.S.’s pickup crashed head on. The accident killed R.S, his 17-year-old daughter and his 15-year-old son. The driver of the 18-wheeler was later tried and convicted in criminal court for driving while under the influence of drugs.
The two teens were the biological children of R.S. and a woman, B.H., who was not his wife. R.S. and B.H. had, in fact, never been married. Neither R.S. nor B.H. had legal custody of either child. R.S. had two other children at the time of his death, two sons who were legal adults. They were the children of R.S. and his wife, L.W.S., and both had been given up for adoption. R.S. and his wife were separated at the time of the man’s untimely death, but had never divorced.
When someone dies as a result of someone else’s negligent or reckless conduct in an auto accident, certain loved ones may be entitled to sue and seek an award of damages. Louisiana law recognizes two different varieties of legal claims: wrongful death and survival. Survival is a legal cause of action that allows for the recovery of damages that the deceased victim would have pursued if he had been alive. The other legal cause of action, wrongful death, compensates loved ones for the losses they suffered as a result of the deceased’s death.
In R.S.’s case, the appeals court concluded that L.W.S., R.S.’s surviving spouse, was entitled to pursue these types of wrongful death and survival claim. The dissent in the ruling, however, argued that both the wife and the adult children should have been able to pursue claims. So, the current ruling means that a wrongful death and survival lawsuit is available and, if the Louisiana Supreme Court later takes up this case and agrees with the dissent, then those claims would be available in a situation like this to an even broader array of people.
When you suffer a tragic loss due to someone else’s negligence, there are many things with which you’ll be forced to deal. Don’t add pursuing your legal rights on your own to that list. Let the professionals help. Consult the Cardone Law Firm to find out more about how our skilled Louisiana injury lawyers can help your family get the compensation you deserve.
For your confidential consultation contact us online or phone Cardone at 504-522-3333.
More Blog Posts:
How to React if You’ve Be Injured in a Collision with a Commercial Truck in Louisiana, Louisiana Injury Lawyers Blog, July 24, 2018
Be Sure to Avoid Doing These Six Things After a Truck Accident, Louisiana Injury Lawyers Blog, April 9, 2018