Wrongful death lawyer.

Two claims, not one

The wrongful death action under Civil Code article 2315.2 compensates the survivors for their own loss: the loss of the person's love, companionship, support and services, the grief, and the funeral and medical expenses they paid. The survival action under Civil Code article 2315.1 belongs to the deceased and passes to the same relatives; it recovers what the person suffered between the injury and death, including conscious pain, fear and medical expenses. Both are usually brought together.

Not everyone in the family may sue. Article 2315.2 names the beneficiaries in a set order: first the surviving spouse and children; if there are none, the parents; if none, the brothers and sisters; if none, the grandparents. A relative in a lower class may sue only if no one in a higher class survives.

The deadline

Under article 2315.2(B), as amended in 2025, the wrongful death action prescribes one year from the death or two years from the day the injury or damage was sustained, whichever is longer. The survival action has its own period under article 2315.1. The two clocks can end on different days, so both dates should be fixed as soon as the family is ready to talk.

What these cases involve

Fatal car and truck crashes, motorcycle collisions, falls, unsafe premises and workplace incidents. Fault is allocated under Civil Code article 2323, and the recovery is reduced or barred by the deceased's own share. The insurers involved are the same ones that handle injury claims, and they begin their work immediately. The family does not have to speak with them.