On March 30th, Baton Rouge pedestrian LaDerica Stewart was hit and killed along with the injury of three others with her in a brutal hit-and-run accident. The driver operated an SUV above the speed limit in the early hours of the morning. After hitting four people, killing one of them, they took the vehicle to an auto body shop and claimed to have hit a deer.

This tragic and heartless accident left the family of LaDerica Stewart devastated. With one family member lost and another in the hospital from the same accident, what rights did her family have to seek justice? When someone is killed in a hit-and-run car accident as Stewart was, families can file a wrongful death lawsuit, which can potentially force the perpetrator to provide compensation to the grieving relatives in addition to criminal proceedings for the hit-and-run itself.

Wrongful Death for Hit-and-Run in Louisiana

In Louisiana, a hit-and-run is not just a crime. It is also a type of civil harm where victims can claim personal injury compensation, and surviving family members can file a wrongful death suit against the hit-and-run driver. Personal injury and wrongful death cases can be filed separately from a criminal case because the civil and criminal courts are not connected. Families of someone injured or lost in a hit-and-run can seek justice through compensation from the perpetrating driver.

Who Can Sue After a Hit-and-Run?

The question we want to answer today is what a family's rights are after a hit-and-run accident in Louisiana. This question is important whether your loved one has survived their injuries or was killed in the accident. Family members can take action for both personal injury cases and wrongful death cases, but the situations are different.

Can Family File Personal Injury?

If your family member was injured by a hit-and-run and survived, a family member can file the personal injury case against the driver on their behalf. Officially, personal injury cases are filed by the injured person. However, people are often fully occupied with the rigors of recovery or may not even be conscious. In this case, a close family member or their appointed personal attorney may file the personal injury case on their behalf.

An injured person who is conscious and able to make legal decisions can appoint a family member and/or lawyer to take action for them, as well.

Who Can File a Wrongful Death Suit?

Those eligible to file wrongful death on behalf of the deceased are more precisely defined in a tiered system.

• Spouse and children
• Parents
• Siblings
• Grandparents

If the person has a surviving spouse or children, they may file a wrongful death suit. If there is no spouse or children, parents can file. Without any of the previously listed relatives, siblings can file. Without siblings, grandparents can file.

Statute of Limitations

In Louisiana, the statute of limitations for a personal injury case is two years, while it is only one year for wrongful death. The statute of limitations determines the time you have to file a case before it is considered expired. If your loved one has been injured or killed in a hit-and-run, it is vital to begin your case and file the initial documents with the court before the end of the statute of limitations.

Compensation for Hit-and-Run Injuries and Fatalities

When discussing a family's rights after someone is injured or killed in a hit-and-run accident, it's important to consider compensation. Your right to file a lawsuit in the civil courts for personal injury or wrongful death isn't just about forcing the perpetrator to take responsibility. The scope of your rights is measured in what compensation, also known as damages, you can claim. These damages define your loss and require the offending driver to pay for the harm they have caused.

• Medical bills and recovery expenses
• Treatment-related travel expenses
• Lost earnings and benefits for injured or deceased
• Funeral and burial expenses
• Pain and suffering
• Survivors' grief and anguish
• Disability or disfigurement
• Loss of care or companionship
• Loss of guidance or emotional support
• Punitive Damages

The Rights of the Family After a Hit and Run

If your loved one has been injured or killed in a recent hit-and-run accident, the attorneys of the Schwartz Law Firm are here to help. You have the right to fight back and to seek compensation for the losses your family has experienced. Contact us today to discuss the details of your case and what we can do to seek justice for your family.