Louisiana Private Investigator Licensing Practice Exam

What is the primary distinguishing factor between survival actions and wrongful death actions?

1. Who files the action

2. The amount of damages claimed

3. The time limits for filing

4. The intent behind the actions

The correct answer is: Who files the action

The primary distinguishing factor between survival actions and wrongful death actions lies in who is authorized to file the action. In a survival action, the claim is brought by the deceased person's estate or a representative of that estate, typically after the individual's death but based on the rights the deceased had at the time of death. This can include claims for lost wages, pain and suffering endured prior to death, or any other claims the deceased could have pursued. In contrast, wrongful death actions are specifically designed to allow certain beneficiaries—usually family members or dependents—to seek damages for their own losses resulting from the wrongful act that caused the deceased's death. This includes loss of companionship, emotional distress, and other damages directly attributed to the impact of the death on their lives. Understanding this distinction is critical for anyone involved in the field of law or private investigation, as it helps clarify the rights of various parties following an incident resulting in death and the legal avenues available to seek remedy.