
Far too many Louisiana families lose loved ones every year as the result of reckless driving, impaired driving, speeding, and other preventable causes.
Behind every statistic is a family whose life changed forever in a matter of seconds.
Louisiana Continues to Face Serious Traffic Safety Challenges
According to data compiled by the National Highway Traffic Safety Administration and Louisiana highway safety agencies, Louisiana continues to experience one of the highest traffic fatality rates in the country.
In recent years, Louisiana roads have seen hundreds of passenger vehicle occupant deaths each year, along with alarming numbers of pedestrian, motorcycle, and bicycle fatalities.
Impaired driving, excessive speed, distracted driving, and failure to wear seat belts continue to be among the leading contributors to fatal crashes throughout the state.
Pedestrians, bicyclists, and motorcyclists remain particularly vulnerable because they have little protection when collisions occur.
While Louisiana has made progress in some areas, traffic fatalities involving vulnerable roadway users continue to be a significant concern for communities across the state.
Filing a Wrongful Death Claim After a Fatal Car Accident
When someone loses their life because of another person's negligence, Louisiana law allows certain surviving family members to pursue a wrongful death claim.
A wrongful death claim seeks compensation for losses suffered by the surviving family members themselves, which may include:
Louisiana law also recognizes a separate claim known as a survival action.
Unlike a wrongful death claim, a survival action belongs to the deceased person's estate and seeks recovery for damages suffered by the deceased between the time of injury and the time of death, including medical expenses, pain and suffering, and mental anguish.
Understanding the distinction between these two claims is important because each serves a different purpose and may involve different damages.
How Long Do Families Have to File a Claim?
Louisiana recently changed the deadlines that apply to many injury claims, including wrongful death and survival actions.
Depending on the circumstances and dates involved, wrongful death claims generally prescribe one year from the date of death or two years from the date of the injury that caused the death, whichever period is longer.
Because these deadlines can depend on the specific facts of the case and because exceptions may apply, families should avoid waiting too long to seek advice regarding their rights.
Losing a Loved One Changes Everything
No lawsuit can replace a parent, spouse, child, or sibling.
However, a wrongful death claim can help provide financial stability, answers, and accountability during an incredibly difficult time.
Has Your Family Lost a Loved One in a Fatal Car Accident?
If your family has lost a loved one because of a fatal car accident, we would be honored to answer your questions and discuss your options during a free and confidential consultation.
Call our office at 985-590-6182 to learn more.
We represent clients throughout St. Tammany Parish, Tangipahoa Parish, Washington Parish, and communities across the Northshore including Covington, Mandeville, Slidell, Hammond, and Madisonville.
When you hire us, rest assured that an attorney handles your case. Your
file won’t be handed over to a junior attorney or secretary. Communication is a cornerstone of our firm.
Our legal library is full of articles on a variety of topics related to personal injury claims in Louisiana. Learn about how accidents happen, what to do when you are a victim, and how an attorney can help you fight for the compensation you may deserve.