Written by Brad Cranmer, who handles wrongful death claims at Mansfield Melancon Injury Lawyers — mmcdlaw.com/about-us/our-team/brad-cranmer/
Sometimes a death involves both negligence and criminal charges against the driver. When that happens, families often assume they have to wait. Wait for the criminal case to finish, or for a conviction, or for a judge to decide something before filing a wrongful death claim of their own. That assumption is understandable. It’s also wrong under Louisiana law.
Wrongful Death Claim: Two Separate Legal Tracks
A criminal prosecution and a civil claim for wrongful death are entirely different legal proceedings. Different parties bring them, with different goals. The state brings the criminal case, aiming to punish the at-fault driver. The surviving family brings the civil case, aiming to recover compensation for their loss. Pursuing one doesn’t require waiting on the other. In most cases, both move forward at the same time without interfering with each other.
Does a Criminal Case Help or Hurt the Civil Claim?
A criminal conviction can actually support a civil case. It establishes fault on the record in a way the defense can’t easily contest again later. But a criminal case ending in an acquittal, a plea to a lesser charge, or no charges at all doesn’t mean the civil case fails. Criminal cases require proof beyond a reasonable doubt. Civil cases require a lower standard: a preponderance of the evidence. That means a family can still win even when the criminal case doesn’t end in a conviction.
What a Survival Action Adds
Louisiana also recognizes a related but distinct claim called a survival action. It covers the pain, suffering, and losses the deceased person experienced between the incident and their death, even if that window was brief. A wrongful death case, by contrast, belongs to the surviving family members. It compensates them for their own loss. Many Louisiana families file both claims together, and the full range of what a family can recover often depends on which claims apply.
Wrongful Death Claim Deadline in Louisiana: One Year
Families have one year to file a wrongful death claim in Louisiana under La. C.C. Art. 2315.2. That deadline doesn’t pause or extend because a criminal case is still working through the courts. That’s exactly why families shouldn’t wait for the criminal process to conclude before talking to a Baton Rouge wrongful death attorney about their case.
Frequently Asked Questions
Can you file a wrongful death claim if someone is criminally charged for a death?
Yes. A criminal case and a wrongful death claim run on separate tracks and don’t depend on each other. You don’t need to wait for the criminal case to resolve before pursuing your own claim.
Does a criminal conviction help a wrongful death case?
It can, since it establishes fault on the record. But an acquittal or dropped charges doesn’t end a wrongful death claim, because civil cases use a lower burden of proof than criminal cases.
What’s the difference between a survival action and a wrongful death claim?
A survival action covers what the deceased person experienced between the incident and their death. A wrongful death claim compensates surviving family members for their own loss. Louisiana allows both to be filed together.
How long do families have to file a wrongful death claim in Louisiana?
One year from the date of death, with no extension for a pending criminal case. That’s part of why it matters to talk to a lawyer early rather than waiting on the criminal process.
You don’t have to wait for the criminal case to resolve before filing a claim. Call us, and let’s talk about your family’s case.