WRONGFUL DEATH ACTION

If the death of a person is due to the fault of another, the deceased's heirs may recover damages which they sustained as a result of the death. Suit may be filed within one year from the death of the deceased. Again, this action is limited to specific classes of beneficiaries as follows:

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.

The wrongful death action can be inherited; however, in the absence of beneficiaries in the four classes listed above, this action cannot be brought by anyone else. Unlike the survival action, a succession representative cannot bring a wrongful death action.