New Orleans Wrongful Death Lawyer

Wrongful Death Attorney in New Orleans, LA

In the face of a loved one’s sudden passing, understanding your legal rights can feel overwhelming.  If you believe their death resulted from someone else’s negligence, a New Orleans wrongful death lawyer can offer guidance and support during this difficult time.

Louisiana law recognizes “wrongful death” when someone’s carelessness or wrongdoing causes another person’s death. Losing a loved one can have a devastating impact on surviving family members, both emotional and financial. Car accidents, medical mistakes, workplace incidents, and other tragedies can all fall under wrongful death claims.

Filing a wrongful death claim or survival action might be the right option for you to seek accountability and find some closure.

Hire a Wrongful Death Lawyer at Hammond Law Firm, LLC

Hammond Law Firm, LLC has a legal team with more than 40 years of collective experience, and we understand the impossibly difficult situation you’re in when you need to file a wrongful death claim.

We have served clients for more than 18 years throughout Louisiana, and we can help you advocate for justice in New Orleans. Our personal injury attorneys in New Orleans have secured successful settlements, including a $250,000 result for a wrongful death case. This does not guarantee future results, but shows how we work for our clients. Whether you are negotiating with an insurance company or filing with the city’s 24th Judicial District Court, our firm can help.

Quick Summary

Some important aspects of wrongful death cases include:

• Wrongful death in Louisiana is defined as a death caused by the fault or negligence of another party. Louisiana also outlines who can claim damages and the applicable legal principles.
• Wrongful death can result from various situations, including vehicle accidents, motorcycle accidents, bicycle and pedestrian accidents, workplace accidents, medical malpractice, and defective products. Claims can be filed if negligence or wrongful acts led to fatal consequences.
• The right to file a wrongful death claim follows a specific hierarchy in Louisiana law, prioritizing surviving spouses and children, followed by parents, siblings, and grandparents in the absence of closer relatives.
• Louisiana imposes a one-year statute of limitations from the date of death or a two-year limit from the date of damages to file a claim. Missing this deadline bars you from filing a claim, except in particular circumstances.
• Filing a wrongful death claim in New Orleans involves preparing and filing a civil claim, conducting investigations, negotiating with insurance companies, and potentially going to trial. Damages that can be claimed include economic losses, non-economic damages like pain and suffering, and, in some cases, punitive or exemplary damages.

What Is Wrongful Death?

In Louisiana, wrongful death is defined as the death of an individual caused by the fault or negligence of another party. When the death of a person is caused by the wrongful act, neglect, or default of another, the person who caused the death is liable for the financial damages to the surviving close family members.

Specific statutes and legal principles govern wrongful death claims in Louisiana. These statutes determine who can register a complaint or a claim, the damages available, and the procedures for pursuing a wrongful death claim.

What Are the Situations That Lead to Wrongful Death?

The initial step in deciding a wrongful death lawsuit is finding out what caused the death. This is important because the person responsible for causing the death is the one who will be held liable in a claim for damages. Some of the most frequent reasons for wrongful death include:

Vehicular Accidents

In New Orleans, there were 51 fatalities in vehicle accidents in 2025.  If someone is careless, like a drunk driver, and causes a death in a vehicle crash, the driver’s insurance company can be held responsible. Other parties, other parties, such as the car manufacturer or a commercial shipping company, might also be held accountable.

Motorcycle Accidents

Motorcycle accidents can be hazardous, with riders facing higher risks of fatal injuries compared to those in cars. If someone else’s careless or reckless driving caused a motorcycle accident that led to the death of your loved one, that person can be held accountable for their actions.

Bicycle and Pedestrian Accidents

Bicycle and pedestrian accidents pose significant risks for people walking or biking in New Orleans. They are the most vulnerable users on the roads, and drivers don’t always follow traffic laws meant to keep everyone safe. This disregard can result in avoidable fatalities, causing devastating losses for families and communities.

Workplace Accidents

Workplace accidents in Louisiana lead to tragic deaths each year that could have been prevented. In 2024, there were 96 deaths from workplace accidents in the state. Workplace accidents range from fires and explosions to serious falls, transportation mishaps, and equipment malfunctions.

Families left behind may qualify for financial support. This includes workers’ compensation benefits or filing a wrongful death claim to seek justice and financial compensation for a loss.

Defective Products

Defective products can cause fatal accidents when design, production, or marketing flaws lead to serious malfunctions. In these cases, families may file product liability claims against the manufacturer or distributor for the wrongful death caused by the defective item.

These legal actions seek to hold responsible parties accountable and provide compensation for losing a loved one due to a faulty product.

Property Hazards and Premises Liability

Dangerous property hazards should be addressed by private, commercial, or public property owners. If property isn’t kept safe for lawful guests, and someone is killed because of these hazards, the property owner may be liable. Hazards could include electrical hazards, unsafe handrails, insufficient security, and other issues.

Who Might Be Liable for a Wrongful Death?

In many wrongful death cases, there is a directly responsible at-fault party, such as a careless driver of a vehicle or a negligent medical provider. However, other parties can be liable beyond the individual who caused the death. A wrongful death case could hold multiple parties liable for their portion of fault in the death. Other parties may include:

• An employer who failed to vet an employee or to have safety policies in place
• A trucking company that performed inefficient inspection and maintenance of vehicles
• A nursing home or hospital that failed to fully staff a healthcare institution
• A third-party contractor that acted negligently
• A manufacturer of an unreasonably dangerous product
• A property owner who did not address known hazards

When you hire a wrongful death lawyer, they can help you review and investigate the cause of death to determine the several parties that might be liable.

Who Can File a New Orleans Wrongful Death Claim?

Determining who can file a lawsuit when someone dies in an accident can vary based on specific details. Generally, the priority for filing wrongful death suits follows a particular order:

1. The deceased person’s spouse or children have the first right to file a claim.
2. The deceased person’s mother or father can file if there’s no surviving spouse or children.
3. If there’s no surviving spouse, children, or parents, a brother or sister of the deceased can file.
4. If there’s no surviving spouse, children, parents, or siblings, a grandparent of the deceased can file.

These definitions also cover adopted family members. However, any father or mother who abandoned the deceased when they were a minor is not considered to have survived them.

How Can I Prove in My New Orleans Wrongful Death Claim?

Wrongful death lawsuits often involve negotiations with the insurance company or the defendant’s legal representative. Four main elements in these lawsuits are crucial for showing that the other party was negligent. These elements include:

Duty of Care

Duty of care is key in wrongful death cases. You must demonstrate that the allegedly at-fault party owed the deceased a duty of care. Certain parties owe each other a level of duty of care. A medical provider owes a patient they have agreed to treat a professional standard of care. Other parties may have unique levels of duty. This proof is crucial in holding them accountable for causing the death and seeking compensation for the family’s loss.

Breach of Duty

Breach of duty means showing that the person who caused the death had a responsibility to act carefully toward the deceased but failed to do so. You must prove that someone was careless or didn’t take proper care, which led to the person’s death. Showing negligence involves demonstrating that the responsible party didn’t act responsibly or safely.

It’s essential to gather evidence showing how the defendant’s actions or negligence violated their duty of care and ultimately caused the tragic loss.

Causation

Causation connects the breach of duty to how the person died. It asks whether the death directly resulted from the accident or if other factors played a role. The breach of duty must directly lead to the person’s death for the claim to succeed. Proving causation involves showing a clear link between the defendant’s actions or negligence and the fatal outcome.

Damages

Damages in a wrongful death case refer to the losses suffered by the surviving family members. It’s important to assess how the death has impacted them, even though it can be challenging to value these losses. Determining damages is critical to understand what compensation might be available.

This compensation could cover expenses like medical bills, funeral costs, and other financial burdens caused by the death.

What Can I Expect When Filing a New Orleans Wrongful Death Claim?

Most families aren’t familiar with what happens in a wrongful death lawsuit in New Orleans. New Orleans wrongful death lawyers can help you understand all the legal steps in filing such a case in Louisiana. Here are the main steps:

1. One of the New Orleans wrongful death lawyers will assist you in preparing and filing a claim that follows all Louisiana laws.
2. An investigation into your loved one’s death will begin, including interviews with family and witnesses to gather evidence.
3. One or more defendants will be identified as responsible for your loved one’s fatal injury or illness in New Orleans, and they will receive a copy of your claim.
4. The defendant’s insurance company may offer a settlement if they accept liability for the death.
5. Your lawyer will present evidence, possibly using expert witnesses, to prove negligence and negotiate a fair settlement with the insurer.
6. If a fair settlement isn’t possible or the insurer denies your claim, your lawyer can take the case to trial in Orleans Parish.
7. A wrongful death trial includes the discovery phase, which can last several months, and presenting arguments and evidence to a judge and jury.
8. During a civil trial, the jury decides if you have proven your case. If so, you receive a judgment. If not, your lawyer might appeal the decision.

What Damages Can I Claim From a Wrongful Death?

In Louisiana, the following types of damages may be recoverable if you are a bereaved relative of a wrongful death victim:

• Economic damages. This includes compensation for financial losses resulting from the wrongful death. These may include loss of financial support, benefits, lost wages, and funeral and burial expenses.
• Non-economic damages. These intangible damages are not easily quantifiable in monetary terms. They may include compensation for the pain and suffering, mental anguish, and loss of companionship and guidance resulting from the death of a loved one.
• Punitive damages. In some instances where the defendant’s conduct was particularly reckless or intentional, punitive damages may be awarded. Punitive damages are meant to punish the perpetrating party and deter similar behavior in the future. In Louisiana, punitive damages are called exemplary damages and are not commonly awarded. There are specific cases for exemplary damages, such as when an injury or death is caused by the wanton disregard of human life by an impaired driver. An experienced attorney can help you assess your case and determine the potential for exemplary damages in court.
• Survival action damages. In addition to the wrongful death claim, Louisiana allows for a separate survival action to be filed on behalf of the deceased person’s estate. Survival action damages are meant to compensate for the pain, suffering, and other losses experienced by the deceased person from injury until death.

What Is a Survival Action in New Orleans, Louisiana?

It might also be possible for a grieving family to pursue a survival action following the unexpected death of a loved one. A survival action allows for the recovery of damages even after the injured person has passed away.

The right to file this type of case remains valid for one year after the person’s death, or within two years of damage suffered, whichever date is later. Any compensation awarded in a survival action can benefit the same parties that can file a wrongful death claim, in the same order. If these beneficiaries are unavailable, the right to seek compensation for the deceased’s injuries will go to the deceased’s estate representative.

A survival action deals with losses suffered by the deceased, while a wrongful death action focuses on losses experienced by surviving family members. Contacting wrongful death lawyers in New Orleans can help you understand your rights to pursue either claim.

Why Do I Need New Orleans Wrongful Death Lawyers?

Wrongful death claims are complicated for everyone involved. Losing a loved one is emotionally challenging, and having to revisit that pain daily while preparing a case can increase the grief and stress you’re already feeling. On top of this strain, many legal complexities and deadlines can greatly affect the outcome of a case.

Partnering with New Orleans wrongful death lawyers allows you to meet all filing deadlines and eases the burden of constructing your case. Instead of navigating legal complexities alone, you can rely on experienced professionals. They can handle tasks such as:

• Discussing with other lawyers
• Keep you informed on your case’s progress
• Handling the details of your case
• Interviewing witnesses and experts
• Acting as your advocate in court if needed
• Gathering evidence to support your case

FAQs

What Is Louisiana’s Statute of Limitations for Wrongful Death Claims?

Louisiana’s statute of limitations for a wrongful death claim is one year from the date of the person’s death or two years from the date the damage occurred, whichever date is later. If you miss this deadline, your case will likely be dismissed, and you will be barred from financial compensation. This rule has exceptions and special circumstances, so it’s important to talk to a New Orleans wrongful death attorney about your situation.

Do I Have the Grounds for a Wrongful Death Claim?

You may have the grounds for a wrongful death claim if a close family member died because of the negligence or misconduct of another party. A medical provider, the driver of a vehicle in an accident, a company responsible for the vehicle maintenance, a product manufacturer, or a property owner might be liable depending on the circumstances.

Who Can File a Wrongful Death Claim in Louisiana?

In Louisiana, close family members can file a wrongful death claim on behalf of a deceased loved one, in a specific order. First, the surviving spouse and children of the deceased can file, or one or the other. If there is no surviving spouse or children, the surviving parents or the parent of the deceased can file. Other family members, including siblings and grandparents, could file if there are no parents.

What Is a Reasonable Settlement for a Wrongful Death Claim?

A reasonable settlement for a wrongful death claim provides fair compensation for the damages your family has suffered. This amount varies substantially. Consider reasonable funeral costs, loss of financial support, medical bills, and the loss of companionship.

The type of accident also matters. In 2023, the CDC reported that the average cost, including medical bills and the statistical value of life, of a motor vehicle death in Louisiana was $10.90 million, while that of an unintentional fall was $4.67 million.

Standing With You Through the Darkness and Onto Closure and Recovery

Grief and despair can engulf every aspect of your life after a wrongful death. The loss of a loved one leaves an irreplaceable void that no amount of compensation can fill. Instead, compensation can give your family essential support and stability as you grieve and hold a negligent party accountable for what they have done. At Hammond Law Firm, LLC, we understand the depths of your pain and are here to provide your unwavering support.

Our compassionate team of lawyers is committed to working for justice on behalf of your beloved family member. We will tirelessly advocate for your rights, hold the ‘at-fault’ party accountable, and pursue the damages you deserve.

Though our wrongful death lawyers cannot turn back time or mend your loss, we can stand by your side, providing guidance, empathy, and the legal knowledge needed to navigate this challenging journey.

Contact Hammond Law Firm, LLC today to schedule a confidential consultation. Let us be your support in seeking justice for your wrongful death case.

Client Testimonials

“Exceptional service from start to finish. The attorneys were knowledgeable, responsive, and fought hard on my behalf. Their efforts led to positive outcome. Highly recommended!” – Al B.

“I would like to thank Mr. Hammond and his team. When I would have a question or a concern they would be prompt with a response. They did everything to make sure that I received the best outcome possible, and I highly recommend them.” – Denny Henderson

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Hammond Law Firm, LLC – New Orleans Office

650 Poydras St., Ste. 2617
New Orleans, LA 70130