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Losing someone you love unexpectedly turns your world upside down. Between planning a funeral, supporting your family, and trying to process your grief, the last thing you want is to decipher complicated legal terms. If you’ve started researching your options after a fatal accident, you’ve probably come across phrases like “survival action” and “wrongful death claim.” They sound similar, but they serve different purposes.
The distinction between a survival action and a wrongful death claim comes down to who suffered the loss and when:
At Roy Injury Law, we’ve been working with grieving families for over 35 years, helping them understand their rights and options after devastating losses. If you have questions about what comes next, we’re here for you.
It might seem odd that one accident can give rise to two distinct legal claims. The reason comes down to who was harmed and how.
Louisiana law recognizes two separate injuries when someone dies due to another person’s fault. The first is the harm your loved one personally suffered before they passed, such as pain, medical treatment, and lost earnings. The second is the harm their family suffers afterward: the loss of their presence, support, and guidance. Both are real, both are recognized under Louisiana law, and both may be available to your family depending on the circumstances of the case.
A survival action belongs to the deceased person’s estate or to eligible beneficiaries. Under Louisiana Civil Code Article 2315.1 , this claim steps into the shoes of the injured person, recovering what they could have recovered had they survived.
Damages that may be recoverable through a survival action include:
It’s worth noting that a survival action does not compensate the family for their own grief or emotional loss. That’s where the wrongful death claim comes in.
A wrongful death claim is a separate action that compensates the surviving family members for their own losses resulting from the death. This claim is governed by Louisiana Civil Code Article 2315.2 and focuses entirely on how the loss has affected those left behind.
Damages that surviving family members may seek include:
Where a survival action looks back at what the deceased endured, a wrongful death claim looks at the ongoing impact on the family.
While survival actions and wrongful death claims differ in purpose and the damages they cover, Louisiana law treats them similarly with respect to who can bring them. In both cases, the right to file follows a clear order of priority:
Both claims are also subject to strict filing deadlines. Under Louisiana law, families generally have one year from the date of death, or two years from the date the injury or damage was sustained, whichever is longer, to file. Waiting too long can permanently prevent a family from recovering any compensation at all. Speaking with a wrongful death attorney as soon as possible gives your family the best opportunity to preserve those rights.
This is one of the most common questions families ask, and the answer is often reassuring: in many cases, you do not have to choose. Both claims can arise from the same accident, and eligible family members may be able to pursue them simultaneously.
That said, every case is different. Whether both claims are available depends on the specific facts of the accident, the circumstances of your loved one’s passing, and who qualifies as a beneficiary under Louisiana law. An attorney can look at your situation, identify which claims apply, and help your family pursue every avenue of compensation available.
Feeling confused by legal terminology while you’re grieving is completely normal. The important thing to understand is that while survival actions and wrongful death claims technically serve different purposes, they both may help provide financial stability and accountability after a tragic loss.
Rather than trying to make sense of Louisiana’s legal system on your own, the attorneys at Roy Injury Law are ready to sit down with you , answer your questions in plain language, and help you understand your options. We would be honored to support your family during this difficult time. Contact us today for a free consultation.
I would like to sincerely express my heartfelt appreciation to **Mr. Chris Roy** for representing me and my family members. Your time, dedication, professionalism, and commitment to ensuring that our interests were properly represented are truly appreciated. Thank you for standing with us, advocating on our behalf, and providing your support throughout the process. Your efforts have not gone unnoticed, and my family and I are genuinely grateful for everything you have done. With sincere appreciation and gratitude, **LaShondra Laneaux & Family**
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Chris really came through for our family during our legal issues. He and his assistant worked diligently to get this handled and settled as quickly as possible with the least amount of burden to us as possible. I would definitely use him again should the need arise and highly recommend him for any legal work. Thank you, Chris and Margaret, for all your help and for keeping the communication lines open throughout the process.
I was really hesitant to make the call as I had never experience what I was going through. Chris and Ms. Margaret were so patient, pleasant and very empathetic to my needs and situation. I would recommend Chris to anyone needing an Attorney! Not once did they make me feel as if I was a client and that within itself was the best feeling ever! Thanks again!!!
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