Last reviewed / updated: February 27, 2026
Authored by: Stephen Babcock, Louisiana injury attorney
Louisiana recognizes two related but different claims when someone dies due to another’s fault: a wrongful death claim and a survival action. The statutory framework is addressed in Louisiana Civil Code art. 2315.2 and Louisiana Civil Code art. 2315.1.
Fast answers
- Wrongful death: Covers losses suffered by survivors
- Survival action: Covers damages the decedent could have claimed before death
- Key statutes: Art. 2315.2 and Art. 2315.1
Jump to:
- What is a wrongful death claim?
- What is a survival action?
- Who can file
- Damages overview
- Deadlines
- Comparative fault impact
- FAQs
What is a wrongful death claim in Louisiana?
A wrongful death claim seeks damages for the losses suffered by survivors after a death caused by another’s fault. Louisiana’s wrongful death framework is addressed in Louisiana Civil Code art. 2315.2, and who can claim can depend on family relationships under that statute.
- The focus is on survivor losses.
- Evidence still matters: fault, causation, and damages.
- Insurers often dispute fault and the scope of damages.
What is a survival action in Louisiana?
A survival action is the claim the decedent could have brought for damages suffered before death. Louisiana’s survival action framework is addressed in Louisiana Civil Code art. 2315.1, and it can exist alongside a wrongful death claim depending on the facts.
- Focus is on the decedent’s pre-death damages.
- Documentation often includes medical records and timelines.
- This is why early evidence preservation is critical.
Who can file a wrongful death or survival claim?
Who can file depends on the family categories described in the statutes. The clearest place to confirm eligibility is the statutory text in Louisiana Civil Code art. 2315.2 and Louisiana Civil Code art. 2315.1.
| Topic | Wrongful death | Survival action |
|---|---|---|
| Whose loss is compensated | Survivors | Decedent’s pre-death damages |
| Common proof focus | Relationship and survivor damages | Medical timeline and pre-death suffering |
| Statutory reference | Art. 2315.2 | Art. 2315.1 |
Damages overview
Damages depend on facts and proof, and insurers often challenge both. A practical way to think about damages is: what records support the loss, and how will the insurer argue it away. That is what we mean by leverage: you build a record that answers the predictable arguments.
For a deeper damages breakdown, see Louisiana damages and insurance.
Deadlines
Wrongful death and survival claims still involve filing deadlines. Many injury claims have a two-year prescription period under Louisiana Civil Code art. 3493.1, but timing can be fact-driven. For a clearer statewide overview, see Louisiana prescription deadlines.
How comparative fault can affect recovery
Comparative fault can reduce recovery, and in some cases, it can bar recovery depending on the governing rule set. See Louisiana comparative fault for statewide fault basics and the 51% bar framework under Louisiana Civil Code art. 2323.
FAQs
Click a question to expand.
Can wrongful death and survival claims both be filed? (Click to expand)
They can both be relevant depending on facts. Wrongful death is addressed in Art. 2315.2 and survival action is addressed in Art. 2315.1.
Who is allowed to file in Louisiana? (Click to expand)
Eligibility depends on family relationships described in the statutes. The safest way to confirm is to review Art. 2315.2 and Art. 2315.1 with a lawyer.
What damages are available? (Click to expand)
Damages depend on facts and proof, and categories can differ between claims. See Louisiana damages and insurance for a statewide overview.
Do filing deadlines still apply after a death? (Click to expand)
Yes. Timing issues still apply. Many claims involve a two-year prescription period under Louisiana Civil Code art. 3493.1, and you should confirm the controlling deadline with a lawyer.
Does fault of the decedent matter? (Click to expand)
It can. Comparative fault can reduce recovery. See Louisiana comparative fault for statewide fault rules.
What should families do in the first week? (Click to expand)
Preserve records, reports, communications, and any photos or videos. Ask that key evidence be retained. Early documentation can prevent later disputes about fault and causation.
Is this page legal advice? (Click to expand)
No. This is general information and is not legal advice. A lawyer should apply the statutes to your facts.
Where can I get local help? (Click to expand)
Start with your city hub for local routing. See Baton Rouge.
Legal disclaimer
This page contains general information and is not legal advice. Reading this page does not create an attorney-client relationship.
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