Louisiana Private Investigator Licensing Practice Exam

True or False: A survival action and a wrongful death action are the same cause of action.

1. True

2. False

3. They are different in all circumstances

4. They are identical except in terms of damages

The correct answer is: False

A survival action and a wrongful death action are distinct legal remedies, which is why the statement is false. A survival action is brought on behalf of a deceased's estate for claims that the decedent could have pursued had they survived, such as personal injury claims or damages that the decedent suffered before death. This action seeks to compensate the estate for losses incurred before the person died. On the other hand, a wrongful death action is specifically aimed at compensating the surviving family members or dependents for their losses resulting from the death of their loved one due to the wrongful act of another. This often includes damages for loss of companionship, emotional distress, and economic support. The differences in what each action seeks to address—one focused on the decedent's losses and the other on the survivors' losses—clarify why these two actions cannot be considered the same cause of action. It is essential to understand these distinctions in the context of legal liability and compensatory measures available to both estates and survivors.