Partner at Charbonnet Law Firm LLC
Practice Areas: Car Accident, Personal Injury
Losing a family member in a car crash leaves you dealing with grief while also trying to figure out what happens next. There may be questions about who caused the crash, whether the family can bring a wrongful death claim, and how long they have to take legal action.
You do not have to have all the answers right away. A New Orleans fatal crash attorney can explain your options and help you understand what the evidence and Louisiana law mean for your family.
This guide explains what Louisiana’s recent crash data show, how wrongful death claims work, how fault can affect a claim, and the deadlines families need to know.
Louisiana recorded 753 traffic deaths in 2024, about 7.2% fewer than in 2023. It was also the state’s lowest number of traffic deaths in five years, according to the Louisiana Highway Safety Commission and LSU transportation-safety researchers.
The numbers show some improvement, but fatal crashes remain a serious problem. Orleans Parish continues to see dozens of fatal crashes each year.
For families who lose someone in a crash, statewide numbers do not change what happened to them. If a loved one was killed in a Louisiana car accident, understanding how the crash happened and who may be responsible is often the first step toward understanding your legal options.
Impaired driving is involved in roughly 36% of Louisiana’s fatal crashes. When an impaired driver causes a death, the criminal case and the family’s civil claim are separate. A criminal conviction is not required for the family to bring a wrongful death claim.
Louisiana law also allows exemplary damages in certain cases involving an intoxicated driver. Under Civil Code article 2315.4 , these damages may apply when the driver’s intoxication and reckless conduct contributed to the death.
Evidence of alcohol or drug impairment can therefore be important when a family is pursuing a wrongful death claim.
Louisiana law provides two different types of claims after a fatal crash. A wrongful death claim allows certain family members to seek compensation for their own losses, such as lost support, companionship, and funeral expenses.
A survival claim covers losses the deceased experienced before death. This may include medical expenses and pain and suffering between the crash and their death.
Louisiana also sets an order for who can bring these claims. A surviving spouse and children generally have priority, followed by parents, siblings, and grandparents. Only the highest surviving group can bring the claim.
For deaths on or after July 1, 2024, Louisiana generally gives families two years from the date of death to file a wrongful death lawsuit under Civil Code article 3493.1. Deaths before that date generally fall under the older one-year deadline.
Don’t wait until the deadline is close. Evidence can become harder to find as time passes, and vehicles may be repaired or discarded, footage may be deleted, and witnesses may become harder to locate.
You can learn more about the deadline in our guide to Louisiana’s two-year filing deadline.
Not exactly. A wrongful death claim covers the family’s losses, while a survival claim covers what the person experienced before death.
For deaths on or after July 1, 2024, the general deadline is two years from the date of death. Earlier deaths generally had a one-year deadline.
The family’s recovery may be reduced based on the person’s share of fault. For crashes from 2026 onward, 51% or more faults generally prevent recovery.
Your own uninsured or underinsured motorist coverage may provide compensation, depending on your policy and the circumstances of the crash.
The criminal case and civil claim are separate. A criminal conviction is not required for a family to pursue a wrongful death claim.
Losing a loved one in a crash can leave a family with many questions about what happens next. Getting legal advice early can help you understand your rights and the deadlines that may apply to your case.
Charbonnet Law Firm has represented New Orleans families for three generations. The consultation is free. If you lost a loved one in a Louisiana crash, call (504) 888-2227 or schedule a free consultation to discuss your options.
With over 50 years of legal experience serving families in the New Orleans area and surrounding Louisiana communities, our firm takes pride in providing clients with personalized legal services tailored to individual needs.
