New Orleans Wrongful Death Lawyers

There’s no loss more profound than the sudden death of a loved one. It leaves a deep wound, especially if someone else’s carelessness or misconduct caused that loss. No verdict can undo the loss, but holding the negligent party accountable can deliver justice and help your family move forward.

At Douglas & London, we stand with families in New Orleans who are living through that kind of heartbreak. If you lost a loved one due to someone’s carelessness, we’re here to help. We can help recover the financial support you need and ensure the truth of what happened is revealed. Contact us today to schedule a free consultation.

Understanding Wrongful Death Claims in Louisiana

The Louisiana Civil Code defines a wrongful death as a death that is caused by the fault of another person. It may be the result of negligence, recklessness, or deliberate harm. A wrongful death claim aims to compensate surviving family members of a victim of wrongful death.

Civil vs. Criminal Cases

It’s important to understand that a wrongful death lawsuit is not the same as a criminal prosecution. These cases can run concurrently or independently of each other. A person may face criminal charges for causing someone’s death in a DUI crash, for example, and at the same time be sued in civil court by the victim’s family.

The difference lies in the outcome. Criminal cases focus on punishment. Civil cases focus on compensation.

Survival Actions vs. Wrongful Death Claims

Louisiana law recognizes two different claims after a fatal incident:

Wrongful death claims cover the loss suffered by the surviving family members. This includes emotional suffering, lost income, loss of companionship, and funeral expenses.
Survival actions refer to the events that the deceased experienced before their death. If the person lived for some time after the accident before succumbing to their injury, their medical costs and missed wages can be claimed by the surviving family.

These two claims are typically filed together, but they serve distinct legal functions and require different types of evidence.

Who Can File a Wrongful Death Claim?

Louisiana law sets a clear order of priority for who may file a wrongful death lawsuit. The right passes in this order:

The surviving spouse and children
If there are no children or spouse, the surviving parents
If the parents are deceased, the surviving siblings
If none of the above survive, the grandparents
If no qualifying family member is available, the court may allow a legal representative or someone with a demonstrated financial dependency on the deceased to pursue the claim.

How Long Do You Have to File?

In Louisiana, families have just one year after a loved one’s death to act. If you miss the deadline, your right to pursue justice may be gone, regardless of how strong your case is. The same one-year limit applies to survival actions.

In both cases, consulting an attorney early is critical to preserving your rights and collecting evidence while it’s still fresh. Our experienced attorneys are here to help every step of the way.

Common Causes of Wrongful Death in New Orleans

Different incidents can cause wrongful deaths, each requiring its own legal approach and investigation. Below are the most common causes our attorneys see across New Orleans:

Vehicle accidents involving cars, large trucks, commercial vans, and motorcycles
Medical malpractice, including hospital errors and misdiagnoses
Fatal workplace incidents on construction sites or in industrial settings
Maritime accidents in the Gulf region, including dockside or offshore work
Defective products like faulty medical devices, appliances, or vehicles
Slip-and-fall incidents or other premises liability cases
Abuse and neglect in nursing homes and eldercare facilities
Fatalities from criminal acts that may involve inadequate security
Chemical exposures or explosions in local refineries and plants

Our attorneys carefully investigate every detail, examining evidence, interviewing witnesses, and building strong cases on behalf of grieving families.

New Orleans-Specific Wrongful Death Risks

New Orleans has its own set of risks, and when they turn deadly, families deserve answers. Understanding how these local dangers play out can help determine liability and build a strong case.

Severe Storm and Hurricane Dangers: Hurricanes are a serious threat to Louisiana residents. Katrina and Ida made landfall with catastrophic consequences after evacuation efforts failed or were inaccessible to many. Flooding, fallen trees, loss of power, and unsafe shelter options have led to preventable fatalities. If your loved one’s death during the storm could have been prevented except for someone else’s negligence, you may have a claim.
Maritime and Offshore Risks: As a major port and offshore hub, New Orleans experiences frequent maritime incidents resulting in fatalities. In 2020, Louisiana recorded 24 boating fatalities, four of which involved alcohol, and others involving operator error and lack of safety gear.
Industrial and Refinery Incidents: The region’s concentration of chemical plants and refineries means that failures in these facilities, such as fires, explosions, or chemical leaks, can be particularly lethal. These occur when safety protocols are ignored or regulations are sidelined.
Highway and Traffic Crashes: In Orleans Parish, traffic is a leading cause of wrongful death. In 2021, there were 21 pedestrian fatalities caused by highway accidents. These crashes are often caused by speeding and impaired driving.
Tourist-Related Fatal Accidents: With thousands of people in the French Quarter and on Bourbon Street every night, deadly falls from balconies, trolley incidents, or sidewalk injuries can happen. Property owners can face claims if they fail to maintain safe conditions or share known risks.
Violent Crime and Inadequate Security: Apartments, parking lots, hotels, and venues without proper lighting, surveillance, or staff may see violent crime turn deadly. Victims’ families may be able to hold owners accountable for negligent security. Wrongful death claims associated with these risks require local knowledge and precise legal experience. Our lawyers at Douglas & London know how to investigate these events, identify responsible parties, and hold them accountable.

Damages Available in Louisiana Wrongful Death Cases

When a life is lost due to another person’s or party’s negligence, the law gives families a path to seek justice. In Louisiana, you can seek compensation for both financial losses and the deeper, personal costs that come with losing a loved one.

Here’s what that can include:

Lost Financial Support: If the person who passed away was a primary or partial earner, surviving family members may seek damages for the income they would have continued to provide over time.
Loss of Care and Guidance: You may seek damages for the emotional support, advice, and nurturing that’s no longer there.
Loss of Companionship: When someone dies, their presence is gone, including shared life, love, and connection. These personal losses are recognized under the law.
Emotional Suffering: Grief is real. So is the mental toll of losing a loved one. Louisiana allows families to claim compensation for this anguish.
Medical and Funeral Costs: Any final medical care or burial expenses connected to the person’s death can be recovered.
Loss of Inheritance: If the death cut short what the deceased would have passed on, heirs may be entitled to that projected inheritance.
Punitive Damages: In cases of extreme negligence, like drunk driving, punitive damages may be awarded to hold the wrongdoer fully accountable.

We take the time to document these losses with care and clarity, so families can move forward with the resources they need.

Emotional and Financial Impact on Families

When someone dies unexpectedly due to negligence, the impact ripples through every part of a family’s life. Grief is only the beginning. Funeral costs, lost income, and unexpected bills can take a significant toll on a family before they’ve had time to process the loss fully.

Mortgage, utilities, or school tuition can easily become unaffordable without that person’s income. There are also expenses that no one anticipates, such as funeral arrangements, burial costs, or the final medical bills before death.

Children may experience difficulties in school or face emotional or behavioral issues. The deceased’s spouse or other family members might require some form of therapy or time off work.

Additionally, surviving families may have to navigate benefits, pensions, and insurance claims while grieving. It can be stressful and disorienting, particularly when a death is sudden or violent. That’s why wrongful death claims are not only about what happened but what it cost and will cost those left behind.

Why Choose Douglas & London for Your New Orleans Wrongful Death Case

At Douglas & London, we have extensive experience handling wrongful death cases in Louisiana. Our team brings compassion to every case and relentless preparation to every courtroom. We build strong claims designed to hold negligent parties accountable.

Our team of lawyers has secured billions of dollars in verdicts and settlements on behalf of our clients, including families that have lost a loved one through fatal accidents, medical malpractice, and defective products. We thoroughly investigate, utilize reliable medical and forensic experts, and build all cases in a results-oriented manner.

We know how to calculate the monetary and emotional value of a wrongful death. It’s not just the lost revenue and medical expenses that we think of, but also the pain of losing a loved one.

Our clients come to us during the most difficult times in their lives, and we do not take that lightly. We are here to help you honestly and with support, from the initial call to the final resolution.

Contact Douglas & London Today for a Free Consultation

If you’ve lost someone due to negligence, don’t wait. Contact Douglas & London today for a free consultation. We’re here 24/7, and you won’t pay unless we win your case.