Louisiana Private Investigator Licensing Practice Exam

What is the term for the right to recover damages for injury that survives after a person’s death under Louisiana law?

1. Lost action

2. Survival action

3. Wrongful death claim

4. Liability action

The correct answer is: Survival action

Under Louisiana law, the term that refers to the right to recover damages for injuries that persist after a person's death is known as a survival action. This legal concept allows the deceased person's estate to continue pursuing certain claims for damages that were not resolved before death, such as those related to medical expenses or loss of income that the deceased incurred prior to their passing. Survival actions can encompass various types of damages and are distinct from claims related to wrongful death, which specifically address the losses suffered by the deceased's heirs or family members as a result of the person's death. Thus, while wrongful death claims focus on the losses experienced by the survivors, survival actions are about the rights of the deceased's estate to seek compensation for the actual injuries sustained by the deceased prior to death. Other options do not capture the specific legal framework surrounding the continuation of claims post-mortem in Louisiana. The concept of lost actions pertains to claims that are dismissed due to the time limits being exceeded, rather than the continuation of claims. Liability action is a more general term and doesn't specifically address the issues of survivability after death. These distinctions make survival action the appropriate term in the context of this question.