One year is the usual Louisiana prescriptive period for a wrongful death claim or survival action after someone dies from another person's negligence. So who actually handles things after a death? A personal representative is the person legally authorized to manage the deceased person's estate. If there is a will, that person may be the executor; if there is no will, the court may appoint an administrator. In Louisiana succession law, this role is often called a succession representative.

Practically, this is the person who may collect records, deal with bills, preserve property, communicate with insurers, and work with a lawyer on estate-related issues. That can matter when a family is trying to secure medical records, wage information, or other proof after a fatal crash, offshore accident, or workplace death.

But in Louisiana, a personal representative does not automatically have the right to bring a wrongful death or survival case just because they are handling the estate. Under Louisiana Civil Code articles 2315.1 and 2315.2, those claims usually belong first to specific surviving relatives - such as a spouse or children - then other listed family members in order. So the key question is not just who manages the estate, but who has legal standing to file the claim.