Over 125 years of
Combined Experience
Get MY Free Consultation

No Fees Until You Get Paid

Filing a Wrongful Death Claim After a Fatal Car Accident


The death of a loved one in a car accident is always a tragic event, but the experience can be made worse if you discover that your loved one’s death could have been prevented. When a careless, negligent, or reckless person caused the accident that killed your family member, you are likely seeing red.

Your loved one deserves justice for what happened, and you and your family deserve compensation for the way this accident has impacted your lives.

How do you hold accountable the person responsible for your family member’s wrongful death? How do you fight back against irresponsible individuals that don’t take others’ safety into consideration?

In Louisiana, you can file a wrongful death claim in order to prevent this negligent party from harming others. You can win justice and compensation by winning your wrongful death claim.

Laws Pertaining to Wrongful Death in Louisiana

When filing a wrongful death case, it’s important to note some of the laws that make wrongful death cases a little different than other types of personal injury claims. For instance, in Louisiana, only family members that are close to the fatal auto accident victim can file a claim. Examples include a spouse, children, and other next of kin.

The statute of limitations in Louisiana for filing a wrongful death case is very short compared to other states, which is something you need to be aware of. You have only one year to file a wrongful death case, in most circumstances.

There are some instances that will allow you a longer time frame for filing your lawsuit, such as if the act was intentional. For example, if your loved one was killed with a vehicle on purpose.

Damages Awarded in a Wrongful Death Case

There are several reasons that family members file wrongful death cases: First, you want to hold the person responsible to account; you feel a moral obligation to protect others from this negligent or reckless person; and, you and your family need the financial compensation from a successful lawsuit to pay for all your losses.

It sounds strange to voice it, but death is expensive. There are many expenses that the family must deal with. When the death was the fault of another then you can make that person pay for these expenses. Below are some of the damages often awarded in fatal car accident cases:

  • Pain and suffering of the car crash victim before death
  • Final medical care costs
  • Grief and anguish the family is suffering
  • Loss of consortium
  • Funeral and burial costs
  • Lost income

Make the Call to a Wrongful Death Auto Crash Attorney

Your family has been through enough—don’t try handling a wrongful death claim on your own. Nothing can bring your loved one back to you or ever make what happened OK, but compensation can help you honor your loved one’s memory. Winning a claim can help make the world a little safer for others.

Reach out to a wrongful death attorney at Spencer Calahan Injury Lawyers. You can tell us about your case during a free initial evaluation. Call 225-387-2323 or fill out and send in the form located below.