Understanding Louisiana’s Law: How Spouses and Children Can Continue a Car Accident Claim After a Loved One’s Death

In Louisiana, if someone passes away while their car accident case is still ongoing, their spouse or child can take over the case under certain conditions. Many people believe that the case would automatically be handled by the person’s estate, but according to Louisiana law (La. Civil Code Article 2315.1), if the person who died has a surviving spouse or child, they have the right to take over the case directly.

When the spouse or child takes over the case, they essentially step into the shoes of the person who passed away, taking on their rights and duties in the car accident case. However, it’s important to remember that they’ll also be subject to the same rules, restrictions, and challenges that the original person faced in the case.

It’s a good idea to talk to a lawyer in Louisiana who can help you understand the specific steps and requirements for taking over a car accident case if the person involved dies while the case is still open.