Louisiana Private Investigator Licensing Practice Exam

Who can bring a wrongful death action in Louisiana when a person dies due to another's fault?

1. Only parents

2. Surviving spouse and child(ren)

3. The deceased's friends

4. Financial supporters

The correct answer is: Surviving spouse and child(ren)

In Louisiana, the law clearly delineates who has the standing to bring a wrongful death action. The surviving spouse and children are recognized as the primary beneficiaries entitled to pursue such legal actions when a person dies due to the fault of another. This legal framework is rooted in the principle that these individuals have a direct emotional and financial stake in the loss, as they were closely related to the deceased and may suffer significant hardship as a result of the death. The surviving spouse has a legal and emotional connection as they were part of a marital unit, and children, whether minors or adults, also share this close familial bond. This relationship is critical in the context of wrongful death claims, where emotional damages, loss of companionship, and financial support are key components of the claim. Other groups, such as friends or financial supporters, do not have the same standing under Louisiana law. Friends may certainly mourn and feel loss; however, they do not have the legal rights to initiate a wrongful death suit. Similarly, financial supporters or providers are not granted the right to file unless they fall into the recognized categories of beneficiaries, like the spouse or child(ren). This understanding forms the basis of wrongful death actions in the state, ensuring that those who are closest to the victim have