New Orleans Wrongful Death Attorneys

Common Causes of Wrongful Death Lawsuits

When an individual or corporation fails to prioritize safety, the results can be devastating. Fatal accidents can occur in almost any setting where negligence is present. Our legal team handles a wide range of wrongful death claims, including:

• Car accidents
• Truck collisions
• Pedestrian accidents
• Motorcycle accidents
• Defective or dangerous consumer products
• Premises liability cases, including slip-and-fall accidents

Who Can File a Wrongful Death Lawsuit in Louisiana?

Only specific family members can bring a wrongful death lawsuit. The law establishes a strict hierarchy of people who may bring a wrongful death action:

1. The surviving spouse and/or children of the deceased have the first right to file.
2. The surviving parents may file only if the deceased left behind no spouse or children.
3. The surviving siblings can file if there is no surviving spouse, child, or parent.
4. The surviving grandparents may file only if there are no other surviving relatives in the higher tiers.

If a higher priority relative exists, those in lower tiers are legally barred from filing a claim. We can evaluate your potential eligibility and guide your family through the legal requirements to protect your right to compensation.

Wrongful Death vs. Survival Action: What’s the Difference?

A wrongful death action and a survival action are similar but distinct claims. A wrongful death claim seeks damages suffered by qualifying family members because of the person's death under Article 2315.2, while a survival action preserves the deceased person’s own claim for injuries, property damage, and other losses sustained before death under Article 2315.1.

For example, a person who survives for a period after a fatal injury may have a survival claim for the injuries and losses they experienced before death, while family members may have a wrongful death claim for losses they suffered because of the death. We help families pursue both claims simultaneously when appropriate to address the complete range of losses stemming from the fatal incident.

How Long Do I Have to File a Wrongful Death Claim?

You only have a limited amount of time to take action after a fatal accident. Wrongful death claims generally must be filed within one year from the date of death, or two years from the date of the injury (whichever is longer). Missing this deadline can prohibit you from filing a claim altogether, making it crucial to contact our lawyers for clear, timely guidance. 

Aggressively Countering Insurance Tactics That Attempt to Devalue a Life 

After a fatal accident, insurance adjusters and corporate defense lawyers often try to settle the claim as quickly and cheaply as possible. They frequently attempt to minimize the value of a wrongful death claim by challenging the deceased’s earning potential or pushing lowball settlements before the true impact of the loss is understood.

These corporate tactics are designed to protect profit margins at the expense of a grieving family. Our attorneys can step in to handle all communications with insurance companies, push back against bad-faith practices, and demand full accountability. We take a trial-ready approach to bring evasive parties to the negotiating table.