What is the difference between a wrongful death action and a survival action in Louisiana?

A wrongful death action under [La. C.C. Art. 2315.2](https://www.legis.la.gov/legis/Law.aspx?d=109371) compensates surviving family members for their own losses: loss of love and companionship, loss of financial support, and funeral expenses. A survival action under [La. C.C. Art. 2315.1](https://www.legis.la.gov/legis/Law.aspx?d=109370) recovers damages the deceased person would have had if they lived, including their pain and suffering from the moment of injury until death and lost wages during that period. Both claims can be filed in the same lawsuit and proceed simultaneously.

Who has the legal right to file a wrongful death claim in Louisiana?

[La. C.C. Art. 2315.2](https://www.legis.la.gov/legis/Law.aspx?d=109371) establishes a four-tier exclusive priority structure: (1) surviving spouse and children, (2) parents, (3) siblings, (4) grandparents. Each tier is exclusive. If a surviving spouse or child exists, parents and siblings have no standing to file, regardless of their relationship with the deceased. Standing is determined at the date of death.

How long do I have to file a wrongful death lawsuit in Alexandria?

For a death on or after July 1, 2024, the wrongful death action under [La. C.C. Art. 2315.2](https://www.legis.la.gov/legis/Law.aspx?d=109371) prescribes in the longer of one year from the date of death or two years from the day the injury was sustained (Acts 2025, No. 176 and No. 488). For a death before that date, the prior one-year-from-death rule applies. The exception is a medical malpractice wrongful death action, which prescribes one year from the date of death. Because the longer-of test and the transition date both turn on specific facts, confirm the operative date with an attorney before relying on a deadline.

Does comparative fault affect a wrongful death claim?

Yes. [La. C.C. Art. 2323](https://www.legis.la.gov/legis/Law.aspx?d=109387) applies the same comparative fault rules to wrongful death cases. If the deceased was partially at fault, the recovery is reduced by their fault percentage. For accidents occurring on or after January 1, 2026, if the deceased was 51% or more at fault, both the wrongful death and survival action claims are barred entirely under the Act 15 of the 2025 Regular Session (HB 431) comparative fault changes.

Can both a wrongful death and a survival action be filed at the same time?

Yes. Louisiana allows both claims to be filed in the same lawsuit and litigated simultaneously in the Ninth Judicial District Court, Rapides Parish. The claims require separate proof and produce separate recoveries, but there is no procedural bar to filing them together. Most Rapides Parish wrongful death cases include both claims when the victim survived any period after the injury.

What happens if there is no surviving spouse or child?

The right to file passes to the next priority tier under [La. C.C. Art. 2315.2](https://www.legis.la.gov/legis/Law.aspx?d=109371). If there is no surviving spouse or child, the parents have standing. If there are no surviving parents, siblings have standing. If no siblings survive, grandparents have the right to file. If no one in any priority tier survives, the wrongful death claim cannot be filed because there is no eligible claimant.

When does the wrongful death prescriptive period run from in Louisiana?

For a death on or after July 1, 2024, the wrongful death action prescribes in the longer of one year from the date of death or two years from the day the injury was sustained, so both the date of death and the date of the underlying injury matter. The two-year-from-injury measure means the clock can begin before death, while the one-year-from-death measure can extend it. Computing both periods and using whichever expires later is one of the most commonly misunderstood aspects of Louisiana wrongful death law, so confirm the operative date with an attorney.

Can I file a wrongful death claim if my loved one died in a nursing home?

Yes. Deaths in nursing homes or long-term care facilities can support wrongful death and survival action claims if the death resulted from the facility's negligence, including staffing failures, medication errors, or fall prevention failures. These cases follow the same negligence standard under [La. C.C. Art. 2315](https://www.legis.la.gov/legis/Law.aspx?d=109369). Facility records, staffing logs, and incident reports are critical evidence that must be preserved immediately.

Does a wrongful death recovery affect my loved one's estate or go through probate?

Wrongful death proceeds do not pass through probate and are not subject to the deceased's estate debts. They belong directly to the eligible claimants and are distributed to them personally. Survival action proceeds are different. Because the survival action belongs to the estate, those proceeds do pass through succession and can be reached by estate creditors. Families dealing with estates that have outstanding debts should understand this distinction before settling both claims simultaneously.

Alexandria Wrongful Death Lawyers

Q: What damages can surviving family members recover in a wrongful death case?

Wrongful death claimants under [La. C.C. Art. 2315.2](https://www.legis.la.gov/legis/Law.aspx?d=109371) can recover for loss of love and affection, loss of companionship, loss of services the deceased provided, loss of financial support, and funeral and burial expenses. There is no general cap on these damages in non-medical malpractice cases. Medical malpractice wrongful death claims are capped at $500,000 per occurrence under [La. R.S. 40:1231.2](https://legis.la.gov/legis/Law.aspx?d=179418).

Wrongful death cases in Rapides Parish involve specific Louisiana statutes, strict standing rules, and deadlines that start on the accident date, not the date of death. Louisiana wrongful death law governs who has the right to file, what damages are recoverable, and what the deadlines actually mean. Morris & Dewett has handled these cases for over 25 years across Louisiana.

Wrongful Death and Survival Actions Under Louisiana Law

Louisiana recognizes two separate claims when a person dies because of someone else’s fault. They are distinct legally and financially, and the difference matters for your family.

wrongful death action

A claim under La. C.C. Art. 2315.2 brought by surviving family members (spouse, children, parents, siblings) to recover their own damages from the death, including loss of financial support, loss of companionship, and funeral costs.

survival action

A claim under La. C.C. Art. 2315.1 that recovers damages for the victim’s own pain and suffering between the moment of injury and the moment of death. It is separate from the wrongful death action and can be filed alongside it.

A wrongful death action under La. C.C. Art. 2315.2 belongs to the surviving family members directly. It compensates them for their own losses, not the deceased’s. A survival action under La. C.C. Art. 2315.1 belongs to the estate. It recovers damages the deceased would have had if they had lived: their pain, their anguish, their lost wages between the accident and death.

Both claims can be filed in the same lawsuit. Cases in Alexandria are heard in the Ninth Judicial District Court at 701 Murray Street. Both can proceed to trial simultaneously.

One distinction matters immediately for families dealing with an estate that has debts. Wrongful death proceeds are not succession assets. Creditors of the estate cannot reach wrongful death recoveries. Survival action proceeds pass through the succession and creditors can reach them. That distinction affects every family’s financial planning when both claims are filed together.

Serving Alexandria

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Lake Charles, LA 70605

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Who Has Standing to File: Priority Structure Under La. C.C. Art. 2315.2

La. C.C. Art. 2315.2 sets a strict, exclusive priority structure. This is not a preference ranking. It is an exclusivity rule.

Tier one: surviving spouse and children. Tier two: parents. Tier three: siblings. Tier four: grandparents. If anyone from tier one survives, no one from tiers two, three, or four has standing. A surviving parent cannot file if there is a surviving child, regardless of their relationship with the deceased. A sibling cannot file if parents are alive and in line.

Standing is determined at the time of death, not at the time of filing. The survival action under La. C.C. Art. 2315.1 follows the same four-tier structure.

Wrongful death claims are direct rights. They belong to the survivors individually, not to the estate. This means the succession administrator does not file the wrongful death claim on behalf of heirs.

Standing disputes arise regularly in Rapides Parish wrongful death cases. Blended families, estranged relatives, and long-separated spouses create contested standing situations. A higher-priority claimant who surfaces after the lawsuit is filed, or a lower-priority relative who challenges standing, can delay or disrupt the case. Morris & Dewett identifies all potential claimants and addresses standing questions before filing to prevent those challenges.

What We Handle

Alexandria Practice Areas

Proving Fault in an Alexandria Wrongful Death Case

Fault in a wrongful death case is established the same way as any Louisiana tort under La. C.C. Art. 2315. The plaintiff must prove duty, breach, cause-in-fact, and proximate cause. The standard does not change because the victim died.

ECM

Engine Control Module. The truck’s onboard computer that records pre-impact speed, braking, throttle position, and other data. Sometimes called the “black box.” Data can be overwritten within 30 days without a preservation demand.

Evidence in Rapides Parish wrongful death cases typically includes: accident reconstruction reports, medical records from Rapides Regional Medical Center and treating physicians, autopsy findings, coroner’s report, witness statements, surveillance and dashcam footage, and ECM data from vehicles involved.

The death certificate and coroner’s findings are a starting point. They are not controlling in civil litigation. Both can be challenged with independent expert testimony. A coroner who lists “natural causes” after a fall at a negligently maintained facility is not the end of the analysis.

Comparative Fault

A legal rule that reduces your recovery by your percentage of fault. In Louisiana, if you are 51% or more at fault, you recover nothing. If you are 50% or less at fault, your damages are reduced proportionally.

Comparative Fault under La. C.C. Art. 2323 applies in wrongful death cases. The deceased person’s own fault, if any, reduces the recovery. Effective January 1, 2026, if the deceased was 51% or more at fault, both the wrongful death claim and the survival action are barred entirely under the Act 15 of the 2025 Regular Session (HB 431) comparative fault changes. Insurance defense teams in Rapides Parish build cases around pushing the decedent’s fault percentage past 50%. Your attorney needs a specific strategy for that.

Spoliation

The destruction or alteration of evidence after a party has notice of pending litigation. Courts can instruct juries to assume the destroyed evidence was unfavorable to the party that destroyed it.

Evidence preservation is time-critical. Vehicle black box data can overwrite within 30 days without a legal hold. Medical records at facilities can be amended or purged. Morris & Dewett sends Spoliation letters within 24-48 hours of engagement as a standard first step.

Representative Results

$409 Million Wrongful Death

A tragic case where an impaired driver of a commercial vehicle ran a red light, then collided with our client, causing serious bodily injury to the mother and the loss of life of her daughter.

$49 Million Motor Vehicle Accident

An impaired driver of a stolen vehicle driving the wrong way collided with our client head-on, resulting in brain injury and multiple broken bones.

$32.2 Million Industrial / Workplace

Failure to maintain proper safety protocols led to an explosion at an industrial plant causing a series of catastrophic injuries from broken bones, burns, spinal injury, and mental anguish.

$31.5 Million Industrial / Workplace

Brain and spinal injuries followed an oil-field company failing to maintain equipment and provide a safe work site.

$17.2 Million Commercial Vehicle Accident

Client was struck head-on by a disconnected load of an 18-wheeler that crossed the median causing broken bones and amputation.

$13 Million Commercial Vehicle Accident

On the interstate, an 18-wheeler failed to yield right of way then made an unsafe lane change causing the accident which resulted in major bone breaks, damaged organs, and ultimately a leg amputation.

$12.1 Million Motor Vehicle Accident

A commercial vehicle failed to stop at a red light subsequently crashing into our client causing serious brain injury and permanent loss of function.

$7 Million Motor Vehicle Accident

When the other vehicle struck our client, the result was a major hemorrhage and a stroke.

$7 Million Commercial Vehicle Accident

An 18-wheeler cut across traffic on an illegal left turn and hit our client, who suffered neck and back injuries.

$6.2 Million Motor Vehicle Accident

A fatigued commercial-vehicle driver fell asleep at the wheel and rear-ended our client, leaving our client with severe neck and back injuries.

$5 Million Wrongful Death

A hydraulic line exploded at a job site, taking the life of our client's loved one.

$4 Million Commercial Vehicle Accident

Our client's vehicle was struck by the at-fault vehicle, resulting in neck and back injuries.

$3.2 Million Commercial Vehicle Accident

While our client was stopped, the at-fault driver rear-ended our client's vehicle and set it on fire, leaving our client seriously hurt.

$3.1 Million Wrongful Death

An 18-wheeler caused a fatal collision that took the life of our client's loved one.

$3 Million Commercial Vehicle Accident

A commercial vehicle struck and killed our client's loved one, who was on foot.

$3 Million Motor Vehicle Accident

Out on the highway, the at-fault driver hit our client.

$2.9 Million Motor Vehicle Accident

Our client was rear-ended by the other driver and seriously injured.

$2.8 Million Commercial Vehicle Accident

On the highway, an unsecured load came off an 18-wheeler and struck our client's vehicle, causing orthopedic injuries.

Past results do not guarantee future outcomes; each case is decided on its own facts. See our full case results.

What Does Louisiana Law Allow in Wrongful Death Damages?

Louisiana law draws a clear line between wrongful death damages and survival action damages. They are separate categories and should be calculated separately.

Wrongful death claimants under La. C.C. Art. 2315.2 may recover for: loss of love and affection, loss of companionship, loss of services the deceased provided, loss of financial support, and funeral and burial expenses. These are the survivors’ own losses. They are not the deceased’s losses.

Survival action claimants under La. C.C. Art. 2315.1 recover what the deceased experienced from the moment of injury to the moment of death. That includes physical pain and suffering, mental anguish, and lost wages during that period. If the victim was conscious and aware of the injury before dying, survival action damages can be substantial depending on the duration of survival.

There is no general cap on wrongful death or survival action damages in non-medical malpractice cases. Two exceptions apply. Medical malpractice wrongful death is capped at $500,000 per occurrence under La. R.S. 40:1231.2, exclusive of future medical benefits paid through the Patient’s Compensation Fund. Claims against government defendants are capped at $500,000 per occurrence under La. R.S. 13:5106.

The loss-of-support component of wrongful death damages requires an economist to project the deceased’s expected earnings over their remaining working life, reduced to present value. It is a documented calculation, not guesswork. View our case results for context on how Morris & Dewett presents these claims.

Filing Deadlines: What the Prescriptive Period Means for Your Case

Prescriptive Period

Louisiana’s term for statute of limitations. The legal deadline to file a lawsuit. For a wrongful death action, it is set by La. C.C. Art. 2315.2 and for a survival action by La. C.C. Art. 2315.1.

The Prescriptive Period for both the wrongful death action and the survival action turns on a longer-of test, so the date of death and the date of the underlying injury both matter.

That structure is critical. For a death on or after July 1, 2024, the wrongful death action under La. C.C. Art. 2315.2 and the survival action under La. C.C. Art. 2315.1 each prescribe in the longer of one year from the date of death or two years from the day the injury was sustained (Acts 2025, No. 176 and No. 488). The two-year-from-injury measure can start the clock before death, so a family can lose the right to sue while the loved one is still in the hospital.

For a death before July 1, 2024, the prior one-year-from-death rule applies. Because the longer-of test requires computing both periods and using whichever expires later, and the transition date turns on specific facts, confirm the operative date with an attorney.

Medical malpractice wrongful death cases follow a different rule. A medical malpractice wrongful death action prescribes one year from the date of death, and the Louisiana Medical Malpractice Act adds a discovery rule that can toll that one-year period until the claimant knew or should have known the malpractice occurred. This adds complexity but does not eliminate urgency.

Cases are filed in the Ninth Judicial District Court, Rapides Parish. They proceed through a scheduling order, expert designation deadlines, mediation, and if unresolved, jury trial. Discovery typically requires treating physician depositions, independent medical examinations, expert reconstructionists, and economists who calculate loss-of-support and lost-wage figures.

Your Alexandria Injury Attorneys

Founding partners Trey Morris and Justin Dewett lead every Alexandria injury case Morris & Dewett takes.

Common Causes of Wrongful Death in the Alexandria Area

Wrongful death cases in Rapides Parish involve motor vehicle accidents, workplace fatalities, medical malpractice, defective products, premises liability, and nursing home neglect. Each cause type involves different evidence strategies and different liability theories.

Motor vehicle accidents account for a significant share of wrongful death cases. I-49, US-71, US-167, and the Alexandria bridges over the Red River are high-traffic routes with documented fatal accident histories in Rapides Parish. Impaired driving contributes to approximately 30% of fatal crashes in Louisiana statewide. Distracted driving and commercial vehicle violations are also common factors in Rapides Parish fatal collisions.

Workplace fatalities in Central Louisiana arise from industrial facilities, oil and gas operations, and construction sites throughout the area. A workplace death does not end the legal analysis at workers’ compensation. Workers’ compensation death benefits are a separate system from tort liability. If a third party’s negligence contributed to the death, a separate tort claim exists alongside any workers’ comp claim. That third party could be a contractor, an equipment manufacturer, or a property owner.

Medical malpractice deaths at Rapides Regional Medical Center and other area healthcare facilities follow a different procedural path under the Louisiana Medical Malpractice Act. A medical review panel process precedes any lawsuit, which affects timing and strategy. If you believe medical care contributed to the death, an attorney needs to analyze whether the LMMA applies before the statute clock becomes a problem.

Defective product deaths fall under the Louisiana Products Liability Act (La. R.S. 9:2800.54). Unlike negligence claims, the LPLA allows strict liability against a manufacturer for a product that was unreasonably dangerous. You do not have to prove the manufacturer was negligent. You prove the product was defective and caused the death.

Deaths in nursing homes and long-term care facilities raise both state tort law claims and potential regulatory violation evidence. Staffing failures, medication errors, fall prevention failures, and pressure injury neglect all appear in Louisiana nursing home wrongful death cases. These facilities have insurance and legal teams that move quickly. Preservation of facility records, staffing logs, and incident reports requires immediate action.

Death certificates for Louisiana wrongful death cases are issued through the Louisiana Department of Health Office of Vital Records. Obtaining the death certificate is an early step in organizing the legal file.

What clients say

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They helped me get through my hard times of being off work, stress, and worry. Anytime I had a question I could call and they always had an answer. Very nice and professtional people. Thank you Morris and Dewett for making this an easy process for me and my family.
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Morris and Dewett and their team of attorneys and staff go above and beyond.
They always were there to support me and answer all my questions after a shoulder injury that included multiple surgeries. They are caring and compassionate and that goes a long way! Highly recommended!
Carolyn LawsonMinden Office · Jun. 26, 2026
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Thanks Morris and Dewett for the excellent work you have done on my behalf.
I want to personally thank Sarah for her kindness.
Lydell ScottCovington Office · Jun. 18, 2026
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Morris & Dewett does things the right way!
They put their clients first in measurable and impactful ways.
Brooke BirkeyRuston Office · Jun. 11, 2026
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First time being injured and needing a lawyer they where very helpful.
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Sarah StarlingLake Charles Office · Jun. 5, 2026
★★★★★
Wonderful experience with Morris and DeWitt, everyone was articulate and punctual, and open to all my questions about the process.
My case couldn't have been handled by a better team! Caity Nerren, Jessica Christian, and Meghan Nolen were all fantastic and helped every step of the way. Thanks again for all of your hard work.
Taylor ThorneShreveport Office · Jun. 20, 2026

Reviews reflect individual client experiences. Past results do not guarantee future outcomes.

How Are Wrongful Death Proceeds Distributed in Louisiana?

Wrongful death proceeds in Louisiana bypass probate and go directly to eligible claimants. Survival action proceeds pass through the succession and are subject to estate creditors. The type of claim determines who can access the funds.

Wrongful death proceeds are distributed directly to the claimants with standing at the time of death. They do not pass through the succession. A surviving spouse and three children share wrongful death proceeds among themselves directly, and estate creditors have no claim on those funds. The succession administrator is not involved in wrongful death distribution.

If multiple claimants share the same priority tier, each receives a proportionate share. Four surviving children split the wrongful death recovery among themselves. The court determines the allocation if the parties cannot agree. Louisiana courts typically divide equally among claimants at the same tier absent a showing of unequal relationship or contribution.

Survival action proceeds work differently. Because the survival action belongs to the estate, the recovery passes through succession. Estate creditors can reach survival action proceeds. In situations where the estate has significant debts, the structure of the recovery matters. Distinguishing what was recovered under each claim type is important for financial planning.

The distinction also affects tax treatment. Wrongful death proceeds are generally excludable from gross income under federal tax law. Survival action recoveries have more complex tax treatment depending on what categories of damages they represent. The allocation between wrongful death and survival action components at settlement or trial determines this treatment. Morris & Dewett works with tax advisors on the documentation of large wrongful death recoveries to protect our clients from unexpected tax consequences.

Frequently Asked Questions

What is the difference between a wrongful death action and a survival action in Louisiana?: A wrongful death action under La. C.C. Art. 2315.2 compensates surviving family members for their own losses: loss of love and companionship, loss of financial support, and funeral expenses. A survival action under La. C.C. Art. 2315.1 recovers damages the deceased person would have had if they lived, including their pain and suffering from the moment of injury until death and lost wages during that period. Both claims can be filed in the same lawsuit and proceed simultaneously.
Who has the legal right to file a wrongful death claim in Louisiana?: La. C.C. Art. 2315.2 establishes a four-tier exclusive priority structure: (1) surviving spouse and children, (2) parents, (3) siblings, (4) grandparents. Each tier is exclusive. If a surviving spouse or child exists, parents and siblings have no standing to file, regardless of their relationship with the deceased. Standing is determined at the date of death.
How long do I have to file a wrongful death lawsuit in Alexandria?: For a death on or after July 1, 2024, the wrongful death action under La. C.C. Art. 2315.2 prescribes in the longer of one year from the date of death or two years from the day the injury was sustained (Acts 2025, No. 176 and No. 488). For a death before that date, the prior one-year-from-death rule applies. The exception is a medical malpractice wrongful death action, which prescribes one year from the date of death. Because the longer-of test and the transition date both turn on specific facts, confirm the operative date with an attorney before relying on a deadline.
Does comparative fault affect a wrongful death claim?: Yes. La. C.C. Art. 2323 applies the same comparative fault rules to wrongful death cases. If the deceased was partially at fault, the recovery is reduced by their fault percentage. For accidents occurring on or after January 1, 2026, if the deceased was 51% or more at fault, both the wrongful death and survival action claims are barred entirely under the Act 15 of the 2025 Regular Session (HB 431) comparative fault changes.
What damages can surviving family members recover in a wrongful death case?: Wrongful death claimants under La. C.C. Art. 2315.2 can recover for loss of love and affection, loss of companionship, loss of services the deceased provided, loss of financial support, and funeral and burial expenses. There is no general cap on these damages in non-medical malpractice cases. Medical malpractice wrongful death claims are capped at $500,000 per occurrence under La. R.S. 40:1231.2.
Can both a wrongful death and a survival action be filed at the same time?: Yes. Louisiana allows both claims to be filed in the same lawsuit and litigated simultaneously in the Ninth Judicial District Court, Rapides Parish. The claims require separate proof and produce separate recoveries, but there is no procedural bar to filing them together. Most Rapides Parish wrongful death cases include both claims when the victim survived any period after the injury.
What happens if there is no surviving spouse or child?: The right to file passes to the next priority tier under La. C.C. Art. 2315.2. If there is no surviving spouse or child, the parents have standing. If there are no surviving parents, siblings have standing. If no siblings survive, grandparents have the right to file. If no one in any priority tier survives, the wrongful death claim cannot be filed because there is no eligible claimant.
When does the wrongful death prescriptive period run from in Louisiana?: For a death on or after July 1, 2024, the wrongful death action prescribes in the longer of one year from the date of death or two years from the day the injury was sustained, so both the date of death and the date of the underlying injury matter. The two-year-from-injury measure means the clock can begin before death, while the one-year-from-death measure can extend it. Computing both periods and using whichever expires later is one of the most commonly misunderstood aspects of Louisiana wrongful death law, so confirm the operative date with an attorney.
Can I file a wrongful death claim if my loved one died in a nursing home?: Yes. Deaths in nursing homes or long-term care facilities can support wrongful death and survival action claims if the death resulted from the facility's negligence, including staffing failures, medication errors, or fall prevention failures. These cases follow the same negligence standard under La. C.C. Art. 2315. Facility records, staffing logs, and incident reports are critical evidence that must be preserved immediately.
How are wrongful death proceeds distributed among multiple surviving children?: If multiple children survive and there is no surviving spouse, or if children share the recovery alongside a surviving spouse, each receives a proportionate share. Louisiana courts generally divide equally among claimants at the same priority tier unless the parties agree on a different allocation. The wrongful death proceeds do not pass through the succession, so the distribution is handled separately from the estate.
Does a wrongful death recovery affect my loved one's estate or go through probate?: Wrongful death proceeds do not pass through probate and are not subject to the deceased's estate debts. They belong directly to the eligible claimants and are distributed to them personally. Survival action proceeds are different. Because the survival action belongs to the estate, those proceeds do pass through succession and can be reached by estate creditors. Families dealing with estates that have outstanding debts should understand this distinction before settling both claims simultaneously.