Louisiana 2025 2025 Regular Session

Louisiana House Bill HB291 Introduced / Bill

                    HLS 25RS-946	ORIGINAL
2025 Regular Session
HOUSE BILL NO. 291
BY REPRESENTATIVE GALLE
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
CIVIL/PROCEDURE:  Provides relative to prescriptive periods for wrongful death and
survival actions
1	AN ACT
2To amend and reenact Civil Code Article 2315.1(A)(introductory paragraph) and 2315.2(B),
3 relative to prescription in wrongful death and survival actions; to provide for a
4 prescriptive period of two years from the date of death of the deceased; and to
5 provide for related matters.
6Be it enacted by the Legislature of Louisiana:
7 Section 1.  Civil Code Article 2315.1(A)(introductory paragraph) and 2315.2(B) are
8hereby amended and reenacted to read as follows: 
9 Art. 2315.1.  Survival action
10	A.  If a person who has been injured by an offense or quasi offense dies, the
11 right to recover all damages for injury to that person, his property or otherwise,
12 caused by the offense or quasi offense, shall survive for a period of one year two
13 years from the death of the deceased in favor of:
14	*          *          *
15 Art. 2315.2.  Wrongful death action
16	*          *          *
17	B.  The right of action granted by this Article prescribes one year two years
18 from the death of the deceased.
19	*          *          *
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CODING:  Words in struck through type are deletions from existing law; words underscored
are additions. HLS 25RS-946	ORIGINAL
HB NO. 291
DIGEST
The digest printed below was prepared by House Legislative Services.  It constitutes no part
of the legislative instrument.  The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent.  [R.S. 1:13(B) and 24:177(E)]
HB 291 Original 2025 Regular Session	Galle
Abstract: Extends the prescriptive period for wrongful death and survival actions.
Present law provides a prescriptive period of one year for survival actions.
Proposed law changes the prescriptive period for survival actions from one year to two
years.
Present law provides a prescriptive period of one year for wrongful death actions.
Proposed law changes the prescriptive period for wrongful death actions from one year to
two years.
(Amends C.C. Arts. 2315.1(A)(intro. para.) and 2315.2(B))
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CODING:  Words in struck through type are deletions from existing law; words underscored
are additions.