Louisiana law recognizes two separate claims following the death of a loved one: a wrongful death claim and a survival action. Although related, they compensate for different harms and belong to different parties.
A survival action under Louisiana Civil Code article 2315.1 allows certain family members to recover damages the deceased person could have recovered had he or she survived. These damages may include conscious pain and suffering, medical expenses, and damages incurred between the injury and death.
A wrongful death claim under Louisiana Civil Code article 2315.2 compensates surviving family members for their own losses resulting from the death. Recoverable damages may include loss of love and affection, loss of support, funeral expenses, and emotional suffering.
Louisiana law establishes a hierarchy of who may recover, including spouses, children, parents, and siblings depending on the circumstances. Strict prescriptive deadlines also apply. These claims are legally distinct and often require detailed analysis concerning beneficiaries, damages, causation, and available insurance coverage.
