What is the Difference Between a Wrongful Death Claim and a Criminal Charge in Louisiana?

Is Wrongful Death A Criminal Charge?

No, wrongful death is not a criminal charge. A wrongful death claim is a civil case. It allows certain surviving family members to seek accountability and financial recovery after a loved one dies because of another person’s negligence, recklessness, or wrongful act.

When you lose someone because another person acted carelessly or recklessly, life changes in an instant. Most families are not thinking about lawsuits or legal terms at first. They are trying to understand what happened, why it happened, and how they are supposed to move forward without someone they love.

And for many families, this is not just about money.

Families want answers. They want accountability. They want someone to finally take what happened seriously. Many also want to help prevent another family from going through the same pain.

A criminal case is different. Criminal charges are brought by the State and focus on punishment, such as jail time, fines, or probation. A civil wrongful death claim is brought by the family and focuses on the harm left behind.

Even when criminal charges are filed, the family may still need a separate civil wrongful death case to seek financial recovery, answers, and accountability.

What Criminal Charges Can Arise After A Fatal Accident Or Death In Louisiana?

Depending on what happened, a death caused by another person may lead to criminal charges in Louisiana in addition to a civil wrongful death claim.

Some of the more common criminal charges connected to fatal accidents or deaths include:

• Vehicular homicide: Often filed when a driver causes a fatal crash while under the influence of alcohol or drugs.
• Negligent homicide: Applies when a death is caused by criminal negligence or reckless conduct.
• Manslaughter: May apply when someone causes a death during certain unlawful acts or in situations involving sudden passion or reckless behavior.
• Second-degree murder: In some cases, prosecutors may pursue murder charges when the conduct shows intent to kill or cause serious harm.
• First-degree murder: The most serious homicide charge, generally involving premeditation or other specific aggravating circumstances.

One of the most common situations families see involves a drunk driving crash that leads to vehicular homicide charges while the surviving family also pursues a civil wrongful death claim.

Both cases can happen at the same time. A prosecutor may pursue criminal charges while your family pursues a civil claim. These are separate paths, with separate rules, separate goals, and separate outcomes.

The State represents the public. A wrongful death lawyer in New Orleans represents your family.

What Is The Difference Between A Criminal Case And A Civil Wrongful Death Claim?

The main difference between a criminal case and a civil wrongful death claim is that a criminal case is meant to punish wrongdoing, while a wrongful death claim is meant to help surviving family members recover for their loss.

Criminal cases are brought by the government and can lead to jail time or other penalties. Wrongful death claims are filed by the family and focus on financial support, accountability, and answers after a loved one’s death.

Sometimes families feel frustrated when criminal charges are never filed, or when a criminal case ends without a conviction. That can make people feel like nobody was held responsible.

But a civil wrongful death case gives families another path forward.

In many cases, the civil investigation uncovers evidence, testimony, and answers the family never received before. It creates a way to demand accountability, even when the criminal system does not.

Criminal Case vs. Civil Wrongful Death Case

Issue	Criminal Case	Civil Wrongful Death Case
Who brings the case?	The State or District Attorney	Eligible surviving family members
Main purpose	Punishment	Accountability and financial recovery for the family
Burden of proof	Beyond a reasonable doubt	Preponderance of the evidence
Possible result	Jail time, probation, or fines	Compensation for the family’s losses
Who benefits?	The public justice system	The surviving family members

Why Can A Civil Wrongful Death Case Succeed When A Criminal Case Does Not?

A civil wrongful death case can succeed even when a criminal case does not because the burden of proof is lower.

In a criminal case, the State must prove guilt beyond a reasonable doubt. This is a very high standard because a person’s freedom may be at stake.

In a civil wrongful death case, the burden of proof is usually a preponderance of the evidence. In simple terms, the evidence must show it is more likely than not that the defendant caused your loved one’s death.

This is why a person may avoid criminal conviction but still be held responsible in civil court. A driver, company, property owner, or other responsible party may not have intended to hurt anyone. But if careless conduct caused a death, they may still be legally responsible for the harm left behind.

For many families, this matters because a wrongful death case may be the only path where someone carefully investigates what happened and explains it in a way the family can understand.

Who Can File A Wrongful Death Claim In Louisiana?

Under Louisiana Civil Code Article 2315.2, only certain family members can file a wrongful death claim. Louisiana law follows a strict order.

1. Surviving spouse and children
2. Parents, if there is no surviving spouse or child
3. Siblings, if there is no surviving spouse, child, or parent
4. Grandparents, if there are no closer surviving relatives

Only the highest-ranking group may file. For example, if the person who passed away left behind a child, a sibling usually cannot bring the claim.

These rules can be painful and confusing, especially in blended families, estranged families, or situations involving unmarried parents. The attorneys of LJBLegal can help your family understand who has the legal right to bring the claim.

Do I Have To Wait For Criminal Charges To File A Wrongful Death Claim?

No. You do not have to wait for criminal charges to be filed before starting a wrongful death case.

Many families assume they cannot move forward unless the police arrest someone or prosecutors file criminal charges first. That is not how Louisiana wrongful death claims work.

A civil wrongful death case is separate from the criminal process. Your family may be able to begin investigating, preserving evidence, and pursuing a claim long before any criminal decision is made.

In fact, waiting can sometimes hurt your case.

Important evidence may disappear while a criminal investigation is pending. Surveillance footage may be deleted. Vehicles may be repaired or destroyed. Witness memories can fade. In some situations, families lose valuable evidence because they believed they had to wait for the criminal case to finish first.

The criminal justice system moves on its own timeline. Some investigations take months or even years. Meanwhile, Louisiana wrongful death deadlines continue running.

Starting a civil case early can also help uncover answers your family has not received from law enforcement or insurance companies. In many situations, the civil investigation becomes one of the only ways families fully learn what happened to their loved one.

A Louisiana wrongful death lawyer can often begin gathering evidence, speaking with witnesses, obtaining records, and protecting your family’s rights while any criminal investigation is still ongoing.

How Long Do You Have To File A Wrongful Death Claim In Louisiana?

In most Louisiana wrongful death cases, families have one year from the date of death to file a lawsuit. This wrongful death filing deadline is strict. If you miss it, your family may lose the right to recover compensation.

But the deadline to file suit is not the same thing as the deadline to start investigating.

Families often believe they have plenty of time because the legal deadline is one year away. But building a strong wrongful death case starts much sooner.

Surveillance footage may be erased within days. Vehicles may be repaired, sold, or destroyed. Witnesses’ memories can fade quickly. In some cases, critical evidence disappears before a family even realizes it existed.

Starting the investigation early helps protect both your legal rights and the truth about what happened.

Important: Waiting for a criminal case to finish can be risky. Your civil wrongful death deadline may expire while the criminal process is still pending.

Can You Sue For Wrongful Death If No Criminal Charges Are Filed Or The Person Is Found Not Guilty?

Yes. You may still be able to file a wrongful death claim even if no criminal charges are filed.

Many families come to us feeling defeated after hearing no criminal charges will be filed. They often believe that means nothing can be done.

That is not true.

A wrongful death claim gives families the opportunity to ask hard questions, uncover evidence, and hold the responsible party accountable in civil court. In many situations, it becomes the only process focused entirely on finding answers for the family.

There are many reasons a prosecutor may decide not to file criminal charges, including:

• Lack of criminal intent: Many fatal accidents involve negligence, not intentional wrongdoing.
• Not enough evidence for criminal court: Prosecutors must meet the high burden of proof beyond a reasonable doubt.
• Police or prosecutorial discretion: Law enforcement and prosecutors decide which criminal cases to pursue.

Those decisions do not control your family’s civil rights. A civil case has a different purpose and a different burden of proof.

What If The Person Was Charged But Found Not Guilty?

Families are often shocked when a criminal jury returns a “not guilty” verdict after a fatal accident or death. Many people mistakenly believe that means the person can no longer be held responsible in any way.

That is not always true.

A criminal acquittal does not prevent a family from pursuing a civil wrongful death claim. Criminal cases require proof beyond a reasonable doubt, which is the highest burden of proof in the legal system. Civil wrongful death cases use a lower standard called a preponderance of the evidence.

That means a family may still succeed in civil court even when prosecutors could not secure a criminal conviction.

For many families, a civil wrongful death case becomes the only opportunity to fully investigate what happened, uncover answers, and seek accountability.

And for some families, the goal is bigger than financial recovery alone. They want dangerous behavior exposed. They want safety changes made. They want to help stop this from happening to someone else.

The O.J. Simpson Case Shows How Civil And Criminal Cases Differ

One of the most well-known examples of the difference between criminal and civil cases is the O.J. Simpson case.

In 1995, a criminal jury acquitted O.J. Simpson of the murders of Nicole Brown Simpson and Ronald Goldman. But two years later, in 1997, a civil jury found him liable for their wrongful deaths.

Many people were confused by how two different juries could reach two different results based on the same events. The answer comes down to the different legal standards used in criminal and civil court.

In the criminal case, prosecutors had to prove guilt beyond a reasonable doubt. That is the highest burden of proof in the legal system because a person’s freedom is at stake.

In the civil wrongful death case, the victims’ families only had to prove liability by a preponderance of the evidence. In simple terms, they needed to show it was more likely than not that Simpson caused the deaths.

The two cases also involved different parties. The criminal case was brought by the State of California on behalf of the public. The civil wrongful death case was brought by the victims’ families seeking accountability and financial compensation for their personal losses.

The Simpson case demonstrates an important point for grieving families: a person can avoid a criminal conviction and still be held legally responsible in civil court.

What Can A Wrongful Death Lawyer Do For Your Family?

A Louisiana wrongful death lawyer does more than file paperwork. The work often starts with finding out what really happened.

The attorneys of LJBLegal can help by:

• Investigating the incident that caused your loved one’s death
• Preserving evidence before it disappears
• Finding and interviewing witnesses
• Obtaining police reports, medical records, and other key documents
• Working with accident reconstruction experts or other specialists when needed
• Identifying all possible insurance coverage
• Explaining your family’s rights in plain language
• Handling the insurance company so your family does not have to face it alone

For many families, the legal process is not only about pursuing compensation. It is also about finally having someone gather the facts, organize the evidence, and push for answers.

Why Choose Loyd J Bourgeois Injury & Accident Lawyer?

If your loved one died because of someone else’s carelessness, your family deserves more than a quick explanation from an insurance company. You deserve answers, guidance, and a legal team willing to take the time to understand what your family has lost.

At LJBLegal, we know a wrongful death case is about more than money. Financial security matters after a sudden loss, but families also deserve accountability and the truth about what happened.

• Client-first service: We treat families with care, respect, and personal attention during one of the hardest times in their lives.
• Experienced Louisiana representation: Our attorneys know how to handle Louisiana wrongful death claims and build cases carefully from the start.
• Local knowledge: We understand wrongful death claims in New Orleans, Jefferson Parish, St. Charles Parish, and surrounding communities, including local courts, roads, insurance practices, and community factors that may affect a case.
• Thorough case-building: Serious wrongful death cases need more than a big name. They need the right team, the right preparation, and the right support.
• Evidence-focused work: We move quickly to help preserve records, witness testimony, video, and other proof before it disappears.
• Peer recognition: Loyd J. Bourgeois has received an AV Preeminent rating from Martindale-Hubbell and recognition from Super Lawyers and Best Lawyers, honors influenced by peer review and professional achievement.
• Client-focused ratings: Strong attorney ratings, including a 10.0 Justia rating and 10/10 Avvo rating, can help families reviewing an attorney’s experience and client feedback.
• Client-voted awards: Recognition such as NOLA Family Favorites Favorite Attorney and New Orleans CityBusiness Top Winner for Best Personal Injury Lawyer reflects trust from clients and the local community.
• Free consultation: We offer a free initial consultation so you can get answers before deciding what to do next.
• No upfront fees: We handle wrongful death cases on a contingency fee basis, which means no attorney fees unless we recover compensation for your family.

If your family is looking for answers after a preventable death, contact Loyd J Bourgeois Injury & Accident Lawyer (LJBLegal) for a free consultation. We can help you understand your rights, protect important evidence, and decide the next step for your family.

Taking The Next Step After Losing A Loved One

If you are like most people, you have never had to hire a lawyer after losing someone you love. And honestly, it can feel overwhelming.

You may still be waiting for answers. You may feel frustrated by how little information you have been given. You may be worried about your family’s future while also trying to process your grief.

At LJBLegal, we understand a wrongful death case is about more than money. Financial stability matters after a sudden loss, but families also deserve answers. They deserve accountability. And they deserve a legal team willing to do the work necessary to uncover what really happened.

Some cases settle quietly. Others require filing suit and preparing for trial. Either way, our job is to build the strongest case possible and stand beside your family throughout the process.

Schedule a free consultation with LJBLegal today. Call 985-240-9773. There are no upfront costs and no attorney fees unless we recover compensation for your family.