Detailed Answer
Under Louisiana law, a wrongful death action arising from a car accident serves as a special succession proceeding rather than a traditional personal injury suit. Louisiana Civil Code Article 2315.2 establishes that when a wrongful death claim is filed, the action itself opens the succession of the deceased for the limited purpose of distributing any award. This means you generally do not need to initiate a separate estate or succession case before pursuing a wrongful death claim.
Key steps under Louisiana law include:
- File the wrongful death petition in the appropriate district court, identifying the deceased’s heirs at law (spouse, children, or, if none, parents).
- Request that the court recognize the succession and appoint a succession representative to manage any recovery during the lawsuit.
- The court will then treat the wrongful death action as a succession opening, without requiring a separate succession filing under Louisiana Code of Civil Procedure Article 3431.
- Once the claim resolves, the succession representative distributes proceeds according to Louisiana Civil Code Article 2315.2.
By filing the wrongful death suit, you initiate both the claim and the necessary succession appointment in one step. If the deceased owned significant assets aside from the claim, you may still need a broader succession to administer those assets. In that case, counsel can file a separate succession under La. C.C.P. art. 3431. Otherwise, the wrongful death proceeding suffices to open the estate for purposes of distributing damages.
Helpful Hints
- Identify all heirs at law (spouse, children, parents) before filing to streamline court approval.
- Include a clear request for appointment of a succession representative in your petition.
- Gather any insurance information early—liability insurers often require prompt notice of a wrongful death suit.
- Document damages carefully: funeral expenses, loss of support, and mental anguish are recoverable under La. Civ. Code art. 2315.2.
- If the deceased owned real estate or bank accounts, discuss with an attorney whether a full succession is necessary alongside the wrongful death claim.