Losing a loved one to someone else’s negligence raises a natural question: is the person who caused it going to be charged with a felony? Wrongful death is not a felony — it is a civil lawsuit, not a criminal charge. It seeks financial compensation for the deceased’s survivors rather than criminal punishment for the person responsible.
Wrongful death is civil, not criminal
Wrongful death happens when a person dies because of the negligent, reckless, or intentional acts of another. It allows the deceased’s survivors to file a civil lawsuit for their loss — funeral costs, lost income, emotional distress, and loss of companionship. A wrongful death claim can generally be brought when the deceased could have filed a personal injury claim had they survived.
Because it is pursued in civil court, wrongful death is not a criminal offense. The family or the estate’s representative seeks damages from the party that caused the death. That is different from criminal charges like manslaughter or murder, where the state — not the family — prosecutes the accused to impose punishment.
Wrongful death versus homicide
Wrongful death and homicide are different legal concepts handled in different courts:
- Legal framework. Wrongful death is a civil claim aimed at compensating the survivors or the estate. Homicide is a criminal charge handled in criminal court.
- Purpose and outcome. A wrongful death claim recovers economic and non-economic damages for the family. A homicide prosecution seeks to punish the wrongdoer through imprisonment, fines, or other penalties.
- Burden of proof. Civil wrongful death is decided by a preponderance of the evidence — more likely than not. Criminal homicide requires proof beyond a reasonable doubt.
A single death can produce both at once: the state can prosecute a criminal case while the family pursues a separate civil claim.
Can anyone go to jail?
No one goes to jail as a result of a wrongful death lawsuit, because a civil case cannot impose criminal penalties. There can, however, be a concurrent criminal prosecution for the same death. If a criminal court convicts the accused of manslaughter or murder, that separate trial can lead to imprisonment. The wrongful death claim itself never does.
Who can file, and what must be proven
State laws differ on who may bring a wrongful death claim, but they generally include immediate family, dependents, and estate representatives. In Louisiana, recovery is limited to a defined class: a surviving spouse and children, then parents, then siblings, then grandparents. In Texas, a surviving spouse, children, parents, and the estate’s executor or administrator may bring the claim.
To succeed, the plaintiff must establish four elements:
- Relationship — a legal connection to the deceased, as a qualifying family member or estate representative.
- Negligence or intent — that the defendant owed a duty of care and breached it.
- Causation — a direct link between the defendant’s conduct and the death.
- Damages — measurable losses such as medical and funeral costs, lost income, pain and suffering, and loss of companionship.
Deadlines matter
Wrongful death claims carry strict deadlines. Louisiana allows two years from the date of death to file (for deaths on or after July 1, 2024; earlier deaths were subject to the prior one-year period), and Texas likewise allows two years. Missing the deadline forfeits the right to sue, so it is important to act quickly. If you believe a loved one’s death was caused by another’s negligence, talk to a Louisiana injury lawyer early so the deadline is calendared and the evidence is preserved.