Louisiana § CC 2315.1 - Survival action

§ CC 2315.1. Survival action

            A. If a person who has been injured by an offense or quasi offense dies, the right to recover all damages for injury to that person, his property or otherwise, caused by the offense or quasi offense, shall survive for a period of one year from the death of the deceased or two years from the day that injury or damage is sustained, whichever is longer, in favor of:

            (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 parent surviving.

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

            B. In addition, the right to recover all damages for injury to the deceased, his property or otherwise, caused by the offense or quasi offense, may be urged by the deceased's succession representative in the absence of any class of beneficiary set out in Paragraph A.

            C. The right of action granted under this Article is heritable, but the inheritance of it neither interrupts nor prolongs the prescriptive period defined in this Article.

            D.(1) As used in this Article, the words "child", "brother", "sister", "father", "mother", "grandfather", and "grandmother" include a child, brother, sister, father, mother, grandfather, and grandmother by adoption, respectively.

            (2) As used in this Article, the words "child", "brother", and "sister" include a child, brother, or sister given in adoption, respectively.

            E. For purposes of this Article, a father or mother who has abandoned the deceased during his minority is deemed not to have survived him. Abandonment is presumed when the father or mother has left his child for a period of at least twelve months and the father or mother has failed to provide for the child's care and support, without just cause, thus demonstrating an intention to permanently avoid parental responsibility.

            F. The prescriptive period for medical malpractice survival actions is governed by R.S. 9:5628.

            Acts 1986, No. 211, §2; Acts 1987, No. 675, §1; Acts 1997, No. 1317, §1, eff. July 15, 1997; Acts 2022, No. 718, §1; Acts 2025, No. 176, §1; Acts 2025, No. 488, §1.