Louisiana Private Investigator Licensing Practice Exam

What type of lawsuit is initiated on behalf of a decedent's estate for injuries incurred immediately before death?

1. Wrongful death action

2. Survival action

3. Estate claim

4. Tort claim

The correct answer is: Survival action

The correct type of lawsuit initiated on behalf of a decedent's estate for injuries incurred immediately before death is a survival action. A survival action allows the estate to continue a lawsuit for the decedent's injuries that occurred just prior to their passing. This type of action seeks compensation for the pain and suffering the decedent endured as well as other damages that may have arisen from the incident leading to their death. In this context, the decedent's legal rights to seek redress are preserved, allowing the estate to claim damages that the individual would have been entitled to if they had survived. This distinguishes survival actions from wrongful death actions, which seek compensation for the losses suffered by the beneficiaries of the decedent as a result of the person's death itself, not the injuries that preceded it. The option labeled as a "wrongful death action" pertains to the claims of heirs and beneficiaries rather than the decedent's estate acting on behalf of the person who was injured. An "estate claim" is a more general and less recognized term that does not specifically refer to the nature of the claims being discussed. Lastly, "tort claim" broadly encompasses various kinds of injury or harm claims but does not specifically address the legal actions relevant to injuries sustained before death by