Losing a family member in a car accident is devastating. One moment your loved one is here, and the next, your entire world has changed. The financial pressure, emotional trauma, and uncertainty about the future can feel overwhelming, especially when someone else's negligence caused this tragedy.
Under Louisiana law, you have the right to hold the person responsible for your loved one's death accountable through a wrongful death lawsuit.
What Is a Wrongful Death Lawsuit?
A wrongful death lawsuit is a civil claim filed when someone dies due to another person's negligence, recklessness, or intentional misconduct. In Louisiana, this includes car accidents, truck crashes, drunk driving collisions, and any situation where a wrongful act or failure to act causes a fatal injury.
Who Can File a Wrongful Death Claim in Louisiana?
Louisiana law is specific about who has the right to file a wrongful death lawsuit. Only certain family members can bring this type of claim, and the law prioritizes them in this order:
1. Surviving spouse and children — They have the first right to file.
2. Surviving parents or siblings — If there is no spouse or children, parents or siblings may file.
3. Grandparents — In limited circumstances, grandparents may have the right to file if no closer relatives survive.
If you're unsure whether you qualify to file a claim, a personal injury attorney can review your situation and explain your legal options.
What Damages Can You Recover in a Wrongful Death Lawsuit?
No amount of money can bring back your loved one. But a wrongful death lawsuit exists to provide financial relief for the very real losses your family is facing.
Louisiana law allows you to seek compensation for:
• Medical expenses: Expenses incurred before death, including emergency care, hospitalization, and treatment
• Funeral and burial costs: These costs add up quickly and often catch families off guard
• Lost wages and future earnings: Your loved one would have continued to earn income and support the family
• Loss of support and services: Did your loved one maintain the home, provide childcare, fix things, or handle tasks that now cost money to replace?
• Loss of love, companionship, and guidance: This is intangible but real, and Louisiana law recognizes it
Calculating these damages requires understanding both the immediate financial impact and the long-term losses your family will face. An experienced wrongful death attorney knows how to accurately value these claims and fight for maximum compensation.
What is the Statute of Limitations in Louisiana?
Louisiana's statute of limitations for wrongful death claims is strict: one year from the date of your loved one's death. If you miss this deadline, you lose your right to file a lawsuit.
A year may sound like a long time, but it passes quickly when you're grieving, handling arrangements, and trying to keep your life together. Insurance companies know this. They count on you waiting, getting overwhelmed, or missing the deadline entirely.
Starting your claim early preserves your rights, gives your attorney time to investigate, and keeps pressure on the responsible party to take your claim seriously.
Can I Win a Suit Without a Criminal Conviction?
Many families assume they can't file a wrongful death lawsuit if the at-fault driver wasn't charged with a crime or wasn't convicted. That's not true.
Wrongful death lawsuits are civil cases, not criminal prosecutions. The standard of proof is lower. You do not need to prove guilt "beyond a reasonable doubt” in a civil case. You only need to show it is more likely than not that the other person caused your loved one's death.
Even if criminal charges were dropped or the driver was acquitted, you can still pursue a civil wrongful death claim. The evidence required is different, and the outcome in criminal court doesn't dictate what happens in civil court.
Why Should I Contact a Wrongful Death Attorney Now?
Your loved one's life mattered. Their death deserves accountability. And your family deserves justice and financial security.
Insurance companies will try to settle quickly for far less than your claim is worth. They're betting you won't fight back. But at MGM Attorneys, we fight for families who have lost everything, and we don't stop until we get results.
You have one year to file a wrongful death lawsuit in Louisiana. Don't wait until it's too late. Contact MGM Attorneys today for a free consultation. We'll review your case, explain your rights, and help you take the next step toward justice.
