In many cases, yes. When a driver is arrested or charged after a fatal crash in Louisiana, the family can usually bring its own civil claim for wrongful death or survival damages. The criminal case and the civil case run on separate tracks. Each has its own rules, goals and deadlines, so one does not automatically decide the other.
Arrests after deadly crashes make the news across Louisiana, including a recent case in the Baton Rouge area. Many families think the criminal case will take care of everything. It usually won't.
This guide walks you through the two cases and what your family can do, step by step.
How is a criminal case different from a civil wrongful death claim?
A criminal case is the state's case against the driver. A civil claim is your family's case for what you lost. The two have different people in charge, different goals and a different level of proof. That is why they can end in different results.
In the criminal case, the district attorney decides what charges to bring. The district attorney also decides whether to offer a plea deal. Your family is not a party to that case. Louisiana law gives crime victims and their families some rights, such as being kept informed, but the prosecutor runs the case.
The civil side usually involves two kinds of claims:
- Wrongful death (Louisiana Civil Code Article 2315.2): the family's own losses, such as loss of love, support and companionship, plus funeral costs.
- Survival action (Louisiana Civil Code Article 2315.1): the claim your loved one would have had, such as pain before death and medical bills.
The biggest difference is the level of proof. A criminal conviction needs proof beyond a reasonable doubt. A civil claim generally needs only a preponderance of the evidence. That is a legal phrase that means "more likely than not."
| Criminal case | Civil claim | |
|---|---|---|
| Who brings it | The state, through the district attorney | Eligible family members |
| Main goal | Punish the driver | Pay for the family's losses |
| Proof needed | Beyond a reasonable doubt | More likely than not |
| Possible outcome | Jail, probation, fines, restitution | Money damages, often paid by an insurer |
| Who controls it | The prosecutor | The family and its lawyer |
Does an arrest or police investigation affect the insurance claim?
Generally, no. An arrest does not start or stop your family's insurance claim. The insurance claim and the civil case can move forward while police and prosecutors do their work.
An arrest is not the same as a formal charge. After an arrest, the district attorney reviews the evidence and decides what charges to file, if any. In fatal crashes, those charges may include vehicular homicide (La. R.S. 14:32.1) or negligent homicide (La. R.S. 14:32), both found on the Louisiana State Legislature's law website. Charges can be added, reduced or dropped later.
Meanwhile, the at-fault driver's insurer usually runs its own investigation. It may look at the crash report, photos, witness statements and vehicle damage. An insurer may point to an arrest when it accepts fault, or it may wait for more facts. The insurer's review is separate from the criminal case, and neither one decides the other.
That's why your family doesn't have to wait for a verdict to understand its options. Much of the evidence for a civil claim can be gathered outside the criminal file.
What steps can your family take when a driver is charged in a fatal crash in Louisiana?
Start by writing down key dates, gathering records and protecting the civil deadline. You can begin these steps today, even if the criminal case has barely started. Acting early can help protect your options and does not get in the way of the criminal case.
- 01. Key dates: Write down the crash date and the date of death. Louisiana calls a filing deadline prescription. For injuries on or after July 1, 2024, the general deadline is two years under Civil Code Article 3493.1 (Act 423 of 2024), and it was generally one year before that. Wrongful death and survival claims have their own timing rules in Civil Code Articles 2315.1 and 2315.2, and the deadline may run from the date of death rather than the crash. To be safe, plan as if you may have as little as one year from the death, and have a lawyer confirm the exact deadline for your dates.
- 02. Crash report: Ask for a copy. It usually comes from Louisiana State Police, the parish sheriff or a city police department. Parts of it may be held back while the criminal case is open.
- 03. Criminal case number: Call the district attorney's office in the parish where the arrest or charges happened. If the driver was only arrested, ask whether formal charges have been filed yet. Ask for the victim help contact so you hear about court dates.
- 04. Records: Keep the death certificate, medical bills, funeral receipts, pay stubs, photos and every letter from an insurance company.
- 05. Your own insurer: Report the crash and stick to basic facts. Don't give recorded statements to the other driver's insurer until you understand your rights.
- 06. A simple log: Note each call, court date and person you spoke with. A notebook or a note on your phone works fine.
- 07. Civil-side advice: Talk with a personal injury lawyer about the civil claim. A short talk can help you map out deadlines. It can also help you sort out who should bring the claim.
One point needs extra care: the civil deadline keeps running even while the criminal case is still open. Criminal cases in Louisiana can take many months or longer. Waiting for a verdict can cost your family its claim.
Does a conviction, acquittal or plea decide the civil case?
No, not automatically. Each outcome can matter as evidence. But the civil case is decided on its own proof and its own standard. Here is how each result generally plays out:
- Conviction: A guilty verdict may help the family's claim. How it can be used depends on the charge and Louisiana's Code of Evidence. Your family still has to prove its losses, and questions about shared fault may still come up.
- Acquittal: A not-guilty verdict means the state could not prove the case beyond a reasonable doubt. It does not mean the driver was careful. A family may still win under the lower civil standard.
- Plea deal: How a guilty plea or a no contest plea can be used depends on the type of plea and Louisiana's Code of Evidence.
- Charges dropped or reduced: The civil claim can generally still go forward on its own evidence.
Civil cases also look at things the criminal case may skip. Other people or companies may share fault. One example is the driver's boss or company, if the driver was working at the time. The civil case also asks whether anyone else shared some of the blame, including the person who died.
That last point matters more now. Under Act 15 of 2025, for crashes on or after January 1, 2026, a person found 51% or more at fault generally recovers nothing. For crashes on or after that same date, Act 466 of 2025 also generally limits past medical expenses to amounts actually paid. You can read both Acts on the Louisiana Legislature's website.
So crashes before 2026 usually fall under the older rules. Which rules fit your family depends on your dates.
What should your family avoid while both cases are going on?
Don't wait on the criminal case, post about the crash or sign anything from an insurer you don't fully understand. These common mistakes can hurt a civil claim later. Most are easy to avoid once you know about them.
Watch out for these:
- Waiting for the verdict. As noted above, the civil clock does not stop for the criminal case.
- Posting online. Comments, photos or angry posts about the driver can be pulled into either case. Ask relatives to hold off too.
- Signing releases or giving recorded statements. An early check from an insurer may come with a release. That release can end the family's claim for good.
- Contacting the driver or the driver's family. It is a natural urge, but it can make both cases harder.
- Counting on restitution alone. A criminal judge may order the driver to repay some losses. Restitution is often limited and does not replace a civil claim.
- Throwing away paperwork. Bills, receipts and letters you don't need today may matter a lot later.
It can also help to pick one family member to keep the records and handle calls. That cuts down on mix-ups when several grieving relatives are trying to help at once.
When should your family get help from a lawyer?
Generally, the sooner the better, and well before any deadline. Getting help early lets someone save evidence while it is fresh. It also lets someone track both cases at once, so your family can focus on each other.
Outside help is most useful when:
- The criminal case is moving slowly or charges change.
- The driver was arrested, but formal charges haven't been filed yet.
- A commercial truck, work van or rideshare vehicle was involved.
- More than one insurance company is involved.
- The driver's side claims the person who died shared the blame.
- Family members aren't sure who has the right to bring the claim.
A personal injury lawyer can request records, talk with insurers and keep an eye on the criminal court schedule. The lawyer does not run the criminal case. But the lawyer can help track the civil deadline so the claim is filed in time. Two cases, two tracks is the simplest way to remember how this works.
If your family is dealing with a fatal crash in Louisiana and has questions about a civil claim, you can contact Chris Corzo Injury Attorneys to talk through your situation.
Frequently asked questions
Families generally do not have to wait for the criminal trial to finish. The civil claim is a separate case with its own deadline, and that deadline keeps running while the criminal case is open. In some situations, a court may pause the civil case until the criminal case ends, but filing on time is still what protects the claim.
An arrest is not the same as a formal charge. After an arrest, the district attorney reviews the evidence and decides which charges to file, if any. Charges can also change later. For the family, the civil claim does not depend on that decision, and the civil filing deadline keeps running whether or not charges are filed.
A not-guilty verdict does not automatically end a civil claim. The criminal case needs proof beyond a reasonable doubt, while a civil case generally needs proof that something is more likely than not. Because the civil standard is lower, a family may still bring a wrongful death or survival claim, depending on the facts and evidence.
Louisiana Civil Code Article 2315.2 lists who may bring a wrongful death claim, in order of priority. A surviving spouse and children generally come first, then parents, then brothers and sisters, then grandparents. If someone in a higher group exists, the lower groups generally cannot bring the claim. Survival actions under Article 2315.1 follow a similar order.
Insurance coverage generally depends on the policy terms and the facts of the crash, not on whether the driver goes to jail. Many auto policies cover careless driving even when criminal charges follow. Some policies exclude certain acts, so the answer varies. Families often need to look at every policy involved, including their own uninsured motorist coverage.
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