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.
After a death caused by another person or company, a family may need help understanding what happened and what legal options remain. Babcock Injury Lawyers can review the circumstances, the available records and the questions about a Louisiana wrongful-death or survival claim.
For local information in the capital area, see our Baton Rouge wrongful death lawyer page. The sections below explain our statewide service and the different claims that may need review.
How We Help After a Fatal Injury
A fatal-injury case begins with the facts. We review how the incident happened, who may be responsible and what records can help explain the loss. Relevant records may include incident reports, witness information, available video, medical records and communications with insurers.
When the death followed a vehicle collision, our Louisiana car accident lawyers and Louisiana truck accident lawyers explain the crash investigation and insurance issues that may support the family’s claims.
We also review family relationships, the injury and death timeline, possible insurance and the losses associated with each claim. These questions help determine who may act and what needs further investigation. A case review should explain the options and the work still needed without promising a result.
Fatal Car and Truck Crashes
After a fatal vehicle collision, the investigation may need to connect the crash evidence with the medical timeline and the losses experienced by the family. Our guide to fatal crash investigations in Louisiana explains the records and questions that may matter. A family seeking representation can ask us to review those circumstances as part of a wrongful-death and survival claim.
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:
- How we help
- What is a wrongful death claim?
- What is a survival action?
- Who can file
- Damages overview
- Deadlines
- Comparative fault impact
- Help across Louisiana
- FAQs
- First case review
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.
For a closer comparison, see the difference between a survival action and a wrongful death claim.
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.
Our guide to who can file a wrongful death claim in Louisiana explains the family categories and eligibility questions in more detail.
Scroll horizontally to see all columns. Use the arrow keys when the table is focused.
| 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. Medical records, income information and the family’s account of the loss can help explain the damages claimed. Which records matter depends on the claim and the facts.
For a deeper damages breakdown, see Louisiana damages and insurance.
Deadlines
Wrongful death and survival actions have distinct timing provisions. For claims governed by the current Civil Code article 2315.1 and article 2315.2, the general period is the longer of one year from death or two years from the day injury or damage is sustained. Medical malpractice is different: article 2315.2(F) provides one year from death for the wrongful-death action, while article 2315.1(F) directs medical-malpractice survival actions to La. R.S. 9:5628. The applicable version and deadline depend on the relevant dates and claim type. Do not calculate a fatal claim solely from the general tort rule in Louisiana Civil Code art. 3493.1. For the broader deadline framework, 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.
Wrongful Death Help Across Louisiana
Our statewide wrongful-death service helps families evaluate a fatal-injury claim and the next steps for seeking representation. Tell us where the incident happened, where treatment took place and what records or insurer communications you already have.
Our offices are in Baton Rouge and Ruston. For information relevant to those communities, explore our Baton Rouge wrongful death help and Ruston wrongful death help. You can also find other Louisiana communities we serve.
For more specific local information after a fatal car crash, see our Baton Rouge fatal car accident service or New Orleans fatal car accident service.
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. For claims governed by current article 2315.1 and article 2315.2, the general period is the longer of one year from death or two years from the day injury or damage is sustained. Medical-malpractice wrongful death has a one-year-from-death provision, and medical-malpractice survival actions are governed by La. R.S. 9:5628. The relevant dates and claim type must be checked; the general rule in Louisiana Civil Code art. 3493.1 is not a substitute for that analysis.
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)
For local information, see our Baton Rouge wrongful death service or Louisiana community directory.
What to Expect From a First Case Review
Share the names and relationships of the family members involved, the incident and death dates, and any records or insurance communications you have. You do not need a complete file to ask for a review. We can discuss the questions that need investigation and explain representation, fees and expenses before an agreement is signed.
Learn about Stephen Babcock’s background or request a free case review.
Legal disclaimer
This page contains general information and is not legal advice. Reading this page does not create an attorney-client relationship.
Past results do not guarantee a similar outcome. Outcomes depend on specific facts and applicable law.
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