Detailed answer — how wrongful death proceeds are treated under Louisiana law

Start with two different legal concepts that are often confused:

• Wrongful death action: A claim brought because someone’s negligent or wrongful act caused the death of the decedent. Damages in a wrongful death action compensate the survivors and heirs for their losses due to the decedent’s death.
• Survival action: A claim for the damages the deceased personally suffered before death (pain and suffering, medical bills incurred by the decedent, etc.). A survival action belongs to the decedent’s succession and therefore is distributed through the succession process (and can be affected by the decedent’s will).

Why the difference matters: wrongful death damages are statutory — they are awarded to the people the law identifies (spouse, children, parents, certain other heirs and survivors). Because wrongful death damages are designed to compensate survivors for their own losses, those amounts are not considered part of the decedent’s estate that the decedent could dispose of by will.

In short: if a plaintiff recovers wrongful death damages (whether by settlement or judgment), those proceeds are paid to the statutory beneficiaries. A testament (will) of the decedent generally does not redirect or control the distribution of wrongful-death awards.

Relevant Louisiana law (what to look for)

Louisiana recognizes both wrongful death and survival-type claims. The rules setting out who may recover and how recovery is distributed are in the civil law statutes and court decisions. For general delictual (tort) prescription rules (how long you have to bring a suit), see the Louisiana Civil Code provisions governing delictual actions. For the statutory framework for wrongful death and survival, consult the Louisiana Civil Code and related statutes and cases. (Official state law is available from the Louisiana Legislature: https://legis.la.gov/.)

Practical example (hypothetical)

Hypothetical facts: Alice dies after a car crash caused by Driver’s negligence. Alice’s adult daughter, Beth, brings a wrongful death claim for Beth’s loss of support and mental anguish; Alice’s estate brings a survival claim for medical expenses and pain and suffering Alice experienced before death.

• The wrongful death recovery for Beth and any other survivors belongs to those survivors and is not distributed according to Alice’s will.
• The survival recovery belongs to Alice’s succession and will be distributed through the succession process. If Alice left a valid will, the survival award would be distributed according to that will (subject to forced heirship rules, community property rules, and other succession law limits).

Common exceptions and special situations

• If the decedent had an actionable claim that accrued before death (a survival claim), that recovery is part of the succession and can be passed by will.
• Sometimes plaintiffs combine wrongful death and survival claims in one lawsuit. If the case settles, the settlement documents and settlement distribution language should specify which portion of the settlement is for wrongful death (survivors) and which is for survival (estate). Proper allocation matters because it determines who gets what.
• If beneficiaries are minors or persons under legal incapacity, courts often require additional protections (court approval, a guardianship or deposit, or structured settlements) before funds are disbursed.
• If spouses own community property, tracing settlement funds and how they are treated can be complex — community property rules can affect certain recovery items. Consult counsel on community property interactions.

Important procedural rule to remember

Time limits (prescription) for wrongful death and related tort claims are strict in Louisiana. Delictual actions are generally subject to a one-year prescriptive period from the day damage is sustained, but the exact applicable rule depends on the facts (date of injury, date of death, discovery of harm, etc.). See the Louisiana Civil Code and case law for prescription rules and exceptions. For official statutes, see https://legis.la.gov/.

Helpful Hints

• Get legal help early. An attorney can evaluate whether you have a wrongful death claim, a survival claim, or both, and how proceeds are likely to be allocated.
• Preserve evidence. Medical records, bills, police reports, witness statements, and employment/pay records help prove survival damages and survivors’ pecuniary losses.
• Be careful with settlement paperwork. Make sure settlements clearly allocate amounts between wrongful death and survival damages if both claims exist.
• Watch the deadline. Louisiana prescriptive periods (statutes of limitation) are short for tort claims. Don’t miss the filing deadline; if you do, you may lose the right to recover.
• If minors or incapacitated persons will receive funds, expect additional court oversight or a guardian/conservator to be required before distribution.
• Keep documentation of relationship and dependency (marriage certificates, birth certificates, financial records) — courts look for proof of who qualifies as a survivor or heir.
• Distinguish estate vs. survivor claims in discussions with insurers and opposing counsel so funds are properly routed.