There is a one year prescriptive period for survival action claims in Louisiana. The right to recover survival action damages for injuries sustained by a deceased person prior to their death may be brought only by the following exclusive class of beneficiary (including by adoption):
- The surviving spouse and child or children of the deceased, or either the spouse or the child or children.
- The surviving father and mother of the deceased, or either of them if he left no spouse or child surviving. However, a father or mother who has abandoned the deceased during his minority is deemed not to have survived him.
- The surviving brothers and sisters of the deceased, or any of them, if he left no spouse, child, or parent surviving.
- The surviving grandfathers and grandmothers of the deceased, or any of them, if he left no spouse, child, parent, or sibling surviving.
- The deceased’s succession representative in the absence of any of the above class of beneficiary.
