SURVIVAL ACTION

Under Louisiana law, if a person has been injured through the fault of another person, he or she has the right to recover certain damages. In some cases, either because of injuries resulting from the accident in question, or for other causes, the injured party may die prior to being able to institute legal action to recover his or her damages. In that situation, the heirs of the deceased have one year from the date of death to file suit to recover all damages for injury to that person, his property or otherwise, caused by the offense or quasi offense.

However, this action cannot be asserted by just anyone. The survival action is limited to the following classes of beneficiaries:

1. The surviving spouse and child or children of the deceased, or either the spouse or the child or children.

2. The surviving father and mother of the deceased, or either of them if he left no spouse or child surviving.

3. The surviving brothers and sisters of the deceased, or any of them, if he left no spouse, child or parents surviving.

4. The surviving grandfathers and grandmothers of the deceased, or any of them, if he left no spouse, child, parent or sibling surviving.

Additionally, if there are no beneficiaries in those four classes, the right to recover damages for injury to the deceased, his property or otherwise, may be urged by the decedent's succession representative. This is only allowed if there are no heirs that fall into the four categories of beneficiaries that may recover. This right of action can be inherited.