When a Fatal Accident Becomes a Wrongful Death Case
Under Louisiana Civil Code Article 2315.2, a wrongful death claim may be brought when a person dies because of someone else’s fault. The law lists the family members who may file a lawsuit and sets the filing deadline.
Fault may come from:
- Careless conduct, such as distracted driving, speeding, unsafe property maintenance, or jobsite safety failures.
- Intentional wrongdoing, including violent acts or reckless conduct that leads to death.
- Unsafe products, defective equipment, dangerous premises, or other hazards that should have been fixed or warned about.
A criminal charge is not required for a civil wrongful death claim. The two cases serve different purposes. A criminal case is brought by the government through a prosecutor’s office. A civil wrongful death case is brought by the family to pursue monetary damages and accountability.
Experienced wrongful death attorneys in Alexandria can investigate who had a duty to act safely, how that duty was broken, and how the death changed the family’s financial and personal future. Then, with that knowledge, they can use their skill and legal acumen to pursue financial recovery for the grieving family.
Fatal Accident Cases We Handle in Alexandria and Rapides Parish
Each wrongful death case has its own proof. Some turn on crash data. Some require medical records. Others depend on store video, maintenance logs, witness statements, police reports, or expert analysis. Rice & Kendig Injury Lawyers have been handling fatal injury claims across many types of accidents for decades.
Car Accidents
Fatal car crashes may involve speeding, drunk driving, distracted driving, unsafe turns, red-light violations, failure to yield, or aggressive driving. Whether the crash happened on I-49, MacArthur Drive, LA 28, or a rural road outside Alexandria, our wrongful death lawyer team can gather crash reports, photos, videos, witness accounts, phone records, and medical proof to show how the collision happened.
Truck Accidents
A deadly crash involving an 18-wheeler or other commercial vehicle often requires swift action. Trucking cases may involve driver fatigue, poor maintenance, overloaded cargo, unsafe hiring practices, company pressure, logbook issues, or missing black box data. Our attorneys can pursue the driver, the trucking company, the maintenance contractor, the loading company, or any other party involved in the crash.
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Motorcycle Accidents
Motorcyclists face a high risk of fatal injury when drivers fail to yield, turn left into their path, change lanes without looking, or follow too closely. These cases also carry unfair bias against riders. As Alexandria wrongful death attorneys, we focus on physical evidence, vehicle damage, road conditions, witness statements, and crash reconstruction to show what really happened.
Pedestrian Accidents
A pedestrian has no protection against a vehicle. Fatal pedestrian crashes may occur at intersections, in parking lots, in school zones, at crosswalks, and in busy commercial areas. Speed, lighting, driver distraction, poor visibility, and failure to yield can all play a role.
Premises Liability Cases
A fatal injury on property may trace back to poor lighting, broken stairs, missing railings, weak security, fire hazards, falling objects, unsafe balconies, or structural defects. Property owners may be liable when they knew or should have known about a dangerous condition and failed to fix it.
Slip and Fall Incidents
Falls can be deadly, especially when they cause head trauma, spinal injuries, hip fractures, or complications after surgery. Wet floors, loose boards, uneven surfaces, broken steps, and missing warnings can turn a preventable fall into a wrongful death case.
Lethal Animal Attacks
Fatal animal attacks may involve loose dogs, broken gates, prior bite history, poor restraint, or owners who ignored dangerous behavior. Children, older adults, and people with limited ability to defend themselves face a higher risk.
Steps to Take After a Death Caused by an Accident
The days after a fatal incident are painful and chaotic. The legal case may already be moving, though. Evidence can disappear, witnesses can become harder to find, and insurers may start building defenses.
1. Create One File for Every Document
Keep the death certificate, police report, incident report, medical records, funeral bills, insurance letters, photos, videos, and any written communication in one place.
2. Do Not Give the Insurer a Statement Too Soon
An adjuster may sound sympathetic, but the company’s goal is to limit payment. A recorded statement, broad medical release, or early settlement can damage the claim.
3. Preserve Anything Connected to the Incident
Keep scene photos, vehicle damage photos, dash-cam video, nearby camera locations, witness names, damaged clothing, helmets, work gear, texts, call logs, and any notes from the day of the incident.
4. Track Every Financial Loss
A wrongful death claim may include more than funeral costs. Lost income, lost benefits, final medical care, household services, travel expenses, and replacement help can all affect the value of the case. Common financial losses include:
- Medical bills tied to the final injury or illness
- Funeral and burial costs
- Lost wages
- Lost benefits
- Lost household services
- Childcare, transportation, cooking, cleaning, and home upkeep
- Travel expenses and other out-of-pocket costs
5. Bring in a Lawyer Before Evidence Goes Missing
A wrongful death attorney can send preservation letters, request records, contact witnesses, and stop direct pressure from insurers. Rice & Kendig Injury Lawyers can review and investigate the case before evidence is lost or filing deadlines are missed.
Damages We Can Recover in an Alexandria Wrongful Death Case
A wrongful death case is not valued by a simple formula. The claim must show how the death happened, what the deceased person contributed and would have contributed throughout their life, and what the family lost.
Economic Damages
Economic damages cover the money the family lost or had to spend because of the death. These damages are often proven through bills, employment records, tax returns, benefit statements, and expert analysis.
Economic damages may include:
- Final medical bills
- Funeral and burial expenses
- Lost income the deceased person likely would have earned
- Lost health insurance, retirement contributions, and other employment benefits
- Lost household services, such as childcare, transportation, meals, yard work, or home repairs
This part of the claim may include future earning capacity and the long-term value of unpaid work inside the home.
Non-Economic Damages
Non-economic damages cover the personal harm caused by the death. These losses do not come with receipts, but they often form a major part of the case.
Non-economic damages may include:
- Loss of companionship
- Loss of care and support
- Loss of parental guidance
- Mental anguish
- Loss of love, affection, and family connection
A spouse may lose a daily, loving partner. A child may lose a parent’s guidance, financial help, and love. Parents may face lasting grief after the death of a child.
Extra Damages After an Intoxicated-Driving Death
In certain drunk-driving death cases, Louisiana Civil Code Article 2315.4 allows exemplary (punitive) damages when intoxication while operating a motor vehicle causes injury, and the conduct shows wanton or reckless disregard for others’ rights and safety.
Louisiana Laws: The Key Rules That Impact Your Wrongful Death Case
Filing Rights Under Louisiana Law
Louisiana Civil Code Article 2315.2 gives the first right to the surviving spouse and children. If there is no spouse or child, the right passes to parents, then to siblings, then to grandparents.
The same statute states that the wrongful death claim prescribes one year from death or two years from the day the injury or damage was sustained, whichever is longer. Medical malpractice death actions prescribe one year from death.
Deadline for Wrongful Death Claims
Most Louisiana wrongful death claims must be filed within one year from death or two years from the date of injury or damage, whichever is longer. Medical malpractice claims have a shorter one-year deadline from death under Article 2315.2, and survival actions tied to medical malpractice are governed by R.S. 9:5628.
Fault Rules After a Fatal Accident
Louisiana Civil Code Article 2323 now bars recovery when the injured or deceased person is found 51% or more at fault. If that person is less than 51% at fault, damages are reduced by that percentage. Because Louisiana’s comparative fault law changed effective January 1, 2026, families should have an attorney review which rule applies to the date of the fatal incident.
Survival Actions in Fatal Injury Cases
A wrongful death claim covers the family’s loss after death. A survival action under Louisiana Civil Code Article 2315.1 covers damages the deceased person could have claimed between the injury and death, including injury-related losses from that period.
Protect the Case Before It Gets Smaller
Early mistakes can give the defense room to blame the victim or undervalue the loss. Speak with Rice & Kendig Injury Lawyers before signing forms, giving statements to adjusters, or accepting a quick offer.
or Call Us
(318) 222-2772
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