For a survival/wrongful death claim does a personal representative or executor of an estate need to file a claim?
Yes, under Louisiana Law a personal representative or executor of an estate needs to file a claim o Louisiana Civil Code Article 2315.1, entitled “Survival Action,” establishes who is entitled to bring a tort cause of action when the tort victim dies prior to, or during the pendency of litigation. The successors (beneficiaries) of the deceased who have the right to enforce the cause of action are explicitly listed in Article 2315.1 A(1) through (4). The first category consists of the victim’s spouse and children, the second consists of the surviving parents of the victim, the third includes the surviving brothers and sisters, and the fourth is composed of grandparents. See La. C.C. Art. 2315.1 And 2315.2. b) Who can serve as the Personal Representative or Executor? o Surviving spouse and child of the deceased, who has reached age of majority. If none, then surviving child. o Surviving parents of deceased. If none, then surviving spouse o Surviving brothers and sister of the deceased. I
