Louisiana Private Investigator Licensing Practice Exam

Which of the following describes the main focus of a survival action?

1. Future damages

2. Underlying injuries before death

3. Emotional distress

4. Punitive damages

The correct answer is: Underlying injuries before death

The main focus of a survival action is to address the rights and claims of the deceased person that survive their death, which are typically related to the underlying injuries or the circumstances that led to their death. This legal concept allows for the deceased's estate to seek compensation for damages that the individual suffered from the time of the injury until their death. It includes claims for medical expenses incurred prior to death, lost wages, and pain and suffering experienced by the deceased before passing away. The essence of the survival action is to honor and compensate for the harms that the individual endured prior to their demise, making it a critical aspect of wrongful death litigation. Other options like future damages or punitive damages relate to different legal contexts. Future damages pertain to losses expected to occur after the time of death, while punitive damages are intended to punish a wrongdoer rather than to compensate for specific injuries. Emotional distress could be a component of damages, but it is not the primary focus of a survival action.