Examining civil claims that emerge from fatal traffic collisions

Photo by Anthony Maw on Unsplash

The silence that follows a catastrophic collision is profound and heavy. Flashing lights cut through the darkness, but they illuminate an irreversible finality. For first responders, it is the end of a tragic event; for the family receiving the news, it is the end of a world as they knew it. Yet in the eyes of the law, this ending is also a beginning. Long after the wreckage is cleared, a different and often grueling process commences through the civil justice system.

This process is not about assigning criminal punishment, a matter for the state, but about addressing the immense, life-altering void left behind. It’s a journey where a wrongful death attorney Shreveport can help a grieving family seek answers to a haunting question: How can a measure of justice be found when the loss is immeasurable? This is the landscape of civil claims, a legal framework designed to provide accountability and a path forward for those who must carry on.

The Legal Foundation: Wrongful Death and Survival Action Claims

When a life is lost due to negligence, the law provides two primary avenues for civil recourse: a wrongful death claim and a survival action.

Here are the main statements defining these claims:

• Wrongful Death Claim: This claim is brought by the victim’s surviving family members.
• Purpose of Wrongful Death Claim: It seeks compensation for the losses the family has personally suffered due to the death.
• Damages in Wrongful Death: These typically include loss of financial support, emotional companionship, and parental guidance.
• Survival Action Claim: This claim is filed on behalf of the deceased’s estate.
• Purpose of Survival Action: It seeks compensation for the harm the victim endured from the moment of injury until their death.
• Damages in Survival Action: These include conscious pain and suffering, medical expenses from the accident, and any wages lost by the victim before death.

The expertise of a wrongful death attorney Shreveport is crucial in defining these damages, which include the loss of financial support, emotional companionship, and parental guidance. In contrast, a survival action is filed on behalf of the deceased’s estate. This claim seeks compensation for the harm the victim endured before their death, such as conscious pain and suffering, medical expenses from the accident, and any wages they lost. While these claims are legally distinct, they are often pursued together in a single lawsuit. Understanding this dual framework is the first step for a family seeking to hold a negligent party accountable for the full scope of the tragedy.

Proving Fault: The Elements of Negligence in a Fatal Crash

At the heart of every wrongful death claim is the legal concept of negligence. For a civil case to succeed, the surviving family must prove four key elements: that the defendant owed the deceased a duty of care, that they breached that duty through their actions or inaction, that this breach directly caused the fatal accident, and that the family suffered damages as a result. A breach of duty can take many forms on the road, from a driver running a red light to a company failing to maintain its commercial truck. Proving this breach is a meticulous process involving evidence collection and expert analysis. For example, in a Shreveport pedestrian collision, an attorney​ would use accident reconstruction data, traffic camera footage, and witness accounts to demonstrate precisely how the driver failed in their legal obligation to operate their vehicle with reasonable care for others sharing the road.

The Intersection of Civil Claims and Criminal Charges

Fatal collisions, especially those involving impairment or extreme recklessness, often trigger two separate legal proceedings: one criminal and one civil. It is vital to understand they operate independently. The criminal case, brought by the state, seeks to punish the wrongdoer and requires proof ‘beyond a reasonable doubt’—a very high standard. The civil claim, brought by the family, seeks monetary damages and only requires proof by ‘a preponderance of the evidence,’ meaning it is more likely than not that the defendant was negligent.

Here’s a breakdown of the key distinctions:

• Purpose of the Case: The criminal case aims to punish the offender (e.g., jail time, fines, license suspension). The civil case aims to compensate the victims’ families for their losses.
• Parties Initiating Action: The State (prosecution) brings criminal charges. The victim’s family (plaintiffs) brings the civil claim against the at-fault party (defendant).
• Burden of Proof: Criminal cases require “beyond a reasonable doubt,” a significantly higher standard. Civil cases require “preponderance of the evidence,” meaning it’s more likely than not that the defendant was negligent.
• Outcome of the Case: Criminal cases result in convictions or acquittals and associated penalties or freedom. Civil cases result in monetary awards (damages) or dismissals of the claim.
• Impact of Findings: A criminal conviction can serve as powerful evidence in the civil suit. However, an acquittal in criminal court does not automatically prevent a successful civil claim.
• Legal Representation Focus: A criminal defense attorney focuses on protecting the defendant from criminal penalties. A civil attorney for the family focuses on securing financial compensation for their clients.

While the at-fault driver’s DUI attorney in Shreveport is focused on defending against jail time and criminal penalties, the family’s civil case proceeds on a parallel track. A criminal conviction can serve as powerful evidence in the civil suit, but even an acquittal in criminal court does not prevent the family from winning their civil claim for wrongful death.

Quantifying the Incalculable: Calculating Damages in a Fatal Claim

Perhaps the most challenging aspect of a wrongful death claim is assigning a monetary value to a human life. While no sum can replace a loved one, the civil system uses damages to provide financial stability and acknowledge the depth of the loss. These damages are typically divided into two categories: Economic and Non-Economic.

Category of Damages	Description	Key Factors for Analysis
Economic Damages	Calculable financial losses resulting from the death.	Deceased’s projected lifetime earnings (considering age, occupation, education, work history), lost benefits (health insurance, pension), medical expenses incurred before death, funeral and burial costs, value of lost household services.
Non-Economic Damages	Compensation for intangible human losses and suffering.	Grief and mental anguish of surviving family members, loss of love, affection, companionship, comfort, society, consortium, and solace, loss of parental guidance (for children), pain and suffering of the deceased before death.
Punitive Damages	Awarded in cases of egregious misconduct, not for compensation but for punishment and deterrence.	Level of defendant’s culpability (e.g., gross negligence, malice, recklessness), often tied to specific statutory limits or judicial discretion, typically in cases such as drunk driving or extreme disregard for safety.

Economic damages are the calculable financial losses, such as the deceased’s projected lifetime earnings, lost benefits like health insurance and retirement, medical bills from the accident, and funeral expenses. Non-economic damages, on the other hand, compensate for the intangible human losses: the family’s grief and mental anguish, the loss of love and companionship, and the absence of parental guidance for children. In cases involving gross negligence, such as a drunk driving crash, courts may also award punitive damages. These are not meant to compensate the family but to punish the defendant and deter others from similar catastrophic behavior.

Conclusion

The process of a civil claim after a fatal collision is an arduous one, demanding both emotional fortitude and legal clarity. It requires a family to deconstruct the worst moment of their lives, piece together the evidence of negligence, and confront the difficult task of placing a value on their loss. From understanding the nuances of wrongful death actions to navigating the parallel track of a criminal case—where an at-fault driver may be working with a DUI attorney in Shreveport to address their own charges—the process is layered with complexities for the grieving family.

While it is a profound understatement that no legal outcome can ever restore what was lost, the civil justice system offers a necessary path forward. It provides a formal mechanism for holding a negligent party accountable, forcing them to answer for the consequences of their actions. For a grieving family, this process is about more than just financial compensation; it is about seeking a final, formal acknowledgment of their loss and finding the stability needed to begin rebuilding their lives in the aftermath of a preventable tragedy.