The Difference Between a Wrongful Death Claim and Survival Action in an Offshore Death Case

If you have lost a loved one due to an offshore accident, you and your family might be entitled to file a lawsuit against your loved one’s employer or the ship’s owner to recover compensation for your loved one’s death and related losses. 

Under the federal Jones Act, seamen who were injured or killed at sea, or their families, are entitled to bring a personal injury or wrongful death claim to recover monetary compensation. A civil claim for personal injury or wrongful death differs from a claim for a work-related injury under the Jones Act or the state’s workers’ compensation system.

A Baton Rouge offshore death attorney from our law firm can help you and your family hold those responsible for your loved one’s death financially accountable for your loss. Contact us today for a free case evaluation.

What is an Offshore Wrongful Death in Baton Rouge?

A wrongful death is a death that is the result of someone else’s negligence or wrongdoing. The death could be caused by the actions or inaction of a person or an entity, such as a business or government agency. 

Louisiana’s wrongful death statutes entitle certain family members to pursue a wrongful death claim for damages they sustained as a result of their loved one’s death. In addition, the victim’s heirs may pursue a survival action to recover certain damages on the victim’s behalf. 

Common Causes of Offshore Wrongful Death in Baton Rouge

Working offshore can be treacherous. Unpredictable weather, rough seas, and mechanical problems can lead to unforeseen mishaps that can lead to serious injuries and fatalities. 

Some of the most common causes of offshore wrongful death are as follows:

• Falling overboard
• Flammable or toxic vapors 
• Electrical shock
• Dangerous and defective machinery 
• Explosions
• Fire
• Falls from heights

Offshore accidents like these are bound to happen from time to time. If you have lost a loved one in an offshore accident due to someone else’s negligence, carelessness, or intentional wrongdoing, you may be entitled to recover substantial compensation. 

Wrongful Death Lawsuit vs. Survival Action

When a party negligently causes another person’s death, Louisiana law allows wrongful death claims and/or survival actions as available options for recovery. 

A wrongful death claim allows certain family members to recover damages they have incurred because of their loved one’s death. Damages that may be recovered through a wrongful death lawsuit include:

• Emotional pain and grief 
• Loss of the decedent’s affection, comfort, and guidance 
• Funeral and burial expenses
• Compensation for the loss of the decedent’s financial support
• Compensation for the loss of inheritance 

In contrast, a survival action brought on the victim’s behalf compensates for damages the victim suffered prior to death. The victim may have survived the initial injury for an amount of time before dying. During this time, they may have endured considerable pain, suffering, and mental anguish and may have incurred significant medical expenses. As such, damages that may be recovered through a survival action include compensation for:

• The decedent’s final medical expenses before dying.
• Pain, suffering and mental anguish the decedent endured from the moment of injury until their death. 
• The decedent’s lost wages and income before dying.
• Loss of earnings the deceased would have earned had they survived. 

If you lost a family member, an experienced offshore death attorney in Baton Rouge can help you explore your legal options and maximize any related compensation you are entitled to recover.

Who Can Bring an Offshore Wrongful Death Claim or Survival Action? 

The law designates certain family members who may file a wrongful death claim or survival action in Louisiana. These family members include:

• The spouse and children of the deceased
• The parents of the deceased, though only if the deceased left no surviving spouse or child.
• Brothers and sisters of the deceased, though only if the deceased left no surviving spouse, child, or parent.
• The grandparents of the deceased, though only if the deceased left no surviving spouse, child, parent, or sibling.

How Can a Baton Rouge Offshore Death Attorney Help?

Cases involving offshore deaths can be confusing and complicated and, in many ways, differ from cases involving fatalities that occur on land. What you often end up with is a maze of workers’ compensation law, the laws governing maritime accidents, and civil law. This is where a skilled Baton Rouge offshore death attorney can help. 

Our experienced personal injury attorneys can help you by offering accurate and actionable legal consultation, helping to answer questions that you might have, representing you in the appropriate court of law, helping you navigate the complexities involved, and providing a strategy and legal direction that can enable you to recover the most compensation possible for your claim. 

Contact a Baton Rouge Offshore Death Attorney from Dudley DeBosier Injury Lawyers

If your loved one died in an offshore accident due to someone else’s negligence or carelessness, speak with an offshore death attorney Baton Rouge residents trust. Call Dudley DeBosier Injury Lawyers to schedule a no-obligation case evaluation.

At our law firm, every potential client gets a free case evaluation. In addition, we charge no attorney fee unless we recover compensation for your loss. We love helping accident victims and their families recover the compensation they deserve.

*This content has been reviewed by the Baton Rouge Dudley DeBosier office.

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