RÉSUMÉ DIGEST
ACT 718 (HB 887) 2022 Regular Session Robby Carter
Existing law survival action provides that if a person who has been injured by an offense or
quasi offense dies, the right to recover all damages for injury to that person, his property, or
otherwise, caused by the offense or quasi offense, shall survive for a period of one year from
the death of the deceased.
Existing law wrongful death action provides that if a person dies due to the fault of another,
suit may be brought by certain persons to recover damages which they sustained as a result
of the death.
Existing law provides that a wrongful death or survival action may be brought by the
following classes of people:
(1) The surviving spouse and child or children of the deceased, or either the spouse or
the child or children.
(2)The surviving father and mother of the deceased, or either of them if he left no
spouse or child surviving.
(3)The surviving brothers and sisters of the deceased, or any of them, if he left no
spouse, child, or parent surviving.
(4)The surviving grandfathers and grandmothers of the deceased, or any of them, if he
left no spouse, child, parent, or sibling surviving.
Existing law provides that the words "child", "brother", "sister", "father", "mother",
"grandfather", and "grandmother" include a child, brother, sister, father, mother, grandfather,
and grandmother by adoption, respectively.
Existing law provides that for purposes of the wrongful death or survival actions, a father or
mother who has abandoned the deceased during his minority is deemed not to have survived
him.
New law retains existing law and further provides that "child", "brother", and "sister" as used
in existing law include a child, brother, or sister given in adoption.
Effective August 1, 2022.
(Amends C.C. Arts. 2315.1(D) and 2315.2(D))