LOUISIANA AUTO INSURANCE GUIDE
Louisiana Wrongful Death & Survival Claims
Louisiana recognizes distinct survival and wrongful-death actions under Civil Code Articles 2315.1 and 2315.2. Legislation effective August 1, 2025 aligned the prescriptive period for these actions with Louisiana’s newer two-year framework, subject to the statutory accrual and beneficiary rules.
- Identify the proper statutory beneficiaries and whether both survival and wrongful-death claims exist.
- Determine the date of injury and death and the version of Louisiana law governing prescription.
- Preserve funeral, medical, earnings, dependency and relationship evidence separately for the available damage categories.
- Coordinate liability insurance, UM/UIM, medical-payment and estate issues before settlement.
Primary Louisiana Sources
Current-law review: September 16, 2026. Act 176 of 2025 changed the prescriptive treatment effective August 1, 2025; date-specific analysis is required.
VictimsGuide 