Losing someone you love is one of the hardest things you can go through, especially when it didn’t have to happen. When a death is caused by someone else’s careless actions, the pain runs even deeper. You are left grieving and wondering what comes next. You should not have to figure out the legal system on your own while you are mourning. That is where an experienced and compassionate New Orleans personal injury lawyer like Loyd J Bourgeois can help. Our team understands the weight of what you are going through. We are here to guide you step by step, whether that means negotiating a fair settlement or going to court if justice requires it.
What Is Wrongful Death?
Wrongful death happens when a person dies because of someone else’s actions or failure to act. It can come from car accidents, truck accidents, or workplace accidents. A wrongful death claim allows the family to seek justice for the loss. In New Orleans, many of these cases happen along busy roads like Interstate 10 or in neighborhoods such as Mid-City, Uptown, or Lakeview.
When a wrongful death occurs, with the help of a Louisiana wrongful death lawyer the family can file a lawsuit to hold the responsible party accountable.
What Compensation Can Families Seek?
- Medical Expenses: Bills from treatment before death.
- Funeral and Burial Expenses: Costs of laying a loved one to rest.
- Loss of Companionship: The emotional loss suffered by family.
- Punitive Damages: In rare cases, punishment for reckless or intentional conduct.
The attorneys at LJBLegal help families through this painful time with care and attention. We handle negotiations with insurance companies and build strong cases so you receive fair compensation. Taking action can ease the financial strain of medical bills, funeral costs, and lost income while giving you space to grieve.
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FREE Confidential Case Review (985) 240-9773Who Can File A Wrongful Death Claim In Louisiana?
Louisiana law is very specific about who may file a wrongful death claim. Civil Code Article 2315.2 sets the order:
- First: Surviving spouse and children (including adopted children)
- If none: Parents
- If none: Brothers and sisters
- If none: Grandparents
If your family situation is complex, it is important to speak with our team about how the law applies. We will explain your rights in plain language and help you take the right next step.
| Eligible Parties |
|---|
| Spouse or Domestic Partner |
| Children (Biological/Adopted/Step) |
| Parents (if unmarried/childless) |
| Other Dependents (if financially reliant) |
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FREE Confidential Case Review (985) 240-9773What Is The Deadline To File A Wrongful Death Claim In Louisiana?
Louisiana has one of the shortest deadlines in the country. Families have only one year from the date of death to file a wrongful death lawsuit. Courts in Orleans Parish and across Louisiana enforce this rule strictly. If you wait too long, you may lose your right to bring a claim. Because exceptions are very limited, it is important to speak with LJBLegal as soon as possible to protect your rights.
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FREE Confidential Case Review (985) 240-9773Wrongful Death Vs. Survival Actions
Louisiana law allows two types of claims after a death caused by someone else’s actions.
What Does A Survival Action Cover?
A survival action covers what your loved one went through before passing.
- Their pain and suffering before death
- Medical bills before death
- Lost wages up until death
What Does A Wrongful Death Claim Cover?
A wrongful death claim covers how the death affects the family going forward.
- Future lost financial support
- Emotional suffering
- Loss of companionship
Key Points About Both Claims
- The same family members can file both types of claims
- Both must be filed within one year of the death
- They can be filed together or separately
Think of it this way: a survival action deals with what happened to your loved one before death, while a wrongful death claim deals with how the loss affects you and your family afterward.
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FREE Confidential Case Review (985) 240-9773What Types Of Compensation Are Available?
Economic Damages
- Medical Expenses: Hospital and treatment bills related to the fatal injury.
- Funeral Expenses: Burial or cremation costs.
- Loss of Income: Future wages and support that the deceased would have provided.
Non-Economic Damages
- Loss of Companionship: The loss of a loved one’s presence and support.
- Emotional Distress: Grief and suffering experienced by the family.
Punitive Damages
Punitive damages are rare in Louisiana. They are sometimes allowed in cases involving extreme recklessness, such as drunk driving. They are meant to punish and prevent future misconduct.
What Are Common Causes of Wrongful Death In New Orleans?
Car Accidents
Reckless driving, speeding, and drunk driving cause many fatal crashes. In Orleans Parish, serious accidents often occur along Interstate 10, Airline Highway, and other busy routes.
Motor Vehicle Accidents
Fatal injuries can also result from motorcycle, ATV, or boating accidents. Riders and operators are vulnerable to careless drivers, unsafe roads, or inexperienced boaters. Families in Gentilly Terrace, Lakeview, or Mid-City face these risks like any other Louisiana community.
Workplace Accidents
Construction and industrial jobs carry risks. Unsafe conditions, poor training, or faulty equipment can lead to fatal accidents.
Product Liability
Defective products, dangerous consumer goods, or toxic substances can also cause preventable deaths. In these cases, manufacturers and distributors may be held responsible.
How Do The Attorneys At LJBLegal Help?
The attorneys at LJBLegal are committed to guiding families with compassion and strength. We know this is one of the hardest times in your life. Our role is to take on the legal burden so you can focus on your family. We carefully build each case, gather the evidence, and use experts when needed. We do not take shortcuts because your future depends on doing it right.
How We Support You
- We represent you in negotiations and in court if needed
- We gather evidence, review medical records, and interview witnesses
- We keep you updated at every step through our client portal app, which gives you 24/7 access to your case, lets you upload documents, answers your questions, and allows you to message your attorney or dedicated case manager directly
What Is The Emotional And Financial Impact?
Wrongful death leaves behind both emotional and financial burdens. Families often struggle with grief while facing medical bills, funeral costs, and lost income.
Emotional Impact
- Grieving the sudden loss
- Anger or confusion over how it happened
- Loss of companionship and support
Financial Impact
- Funeral and burial expenses
- Medical bills before death
- Loss of income from a primary wage earner
What Steps Should You Take After A Wrongful Death?
Taking the right steps can protect your rights and help secure fair compensation:
- Collect medical records
- Photograph the accident scene
- Gather witness statements
- Obtain police reports
- Keep financial records of expenses
Once you have gathered information, speak with LJBLegal about your options. An initial consultation is free, and we can help you decide the right path forward.
Frequently Asked Questions
What Is A Wrongful Death Claim?
A claim brought by family after a death caused by someone else’s fault or negligence.
Who Can File?
Spouse and children first, then parents, then siblings, then grandparents.
How Long Do You Have?
One year from the date of death.
What Is The Difference Between Wrongful Death And Survival Actions?
Wrongful death compensates the family for their loss. A survival action recovers damages the deceased could have claimed before death.
What Is LJBLegal’s Fee Structure?
At LJBLegal, cost should never stop you from getting the help you need. We work on a contingency fee basis, which means:
- No upfront costs. You do not pay anything to hire us.
- No fee unless we win. We are only paid if we recover compensation for you.
- No surprises. Our fee stays the same even if we file a lawsuit or take your case to trial.
Seeking Justice For Your Loved One
If you have lost a loved one in Uptown, Lakeview, Gentilly Terrace, Mid-City, or anywhere in Orleans Parish, LJBLegal can guide you with compassion and strength. Serious cases require more than a big name; they require the right team. At LJBLegal, we have the experience, resources, and commitment to handle complex cases personally and thoroughly. We care about you, and we will be with you through each step.
Ready To Talk?
Need Help? Contact Loyd J Bourgeois Injury & Accident Lawyer at 985-240-9773 for a free case evaluation. Our team is ready to stand with you during this difficult time.
