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It is never easy to deal with the loss of a loved one. The loss can be more difficult to deal with when someone’s carelessness causes your loved one’s death. When a person or entity is negligent and fails to uphold the duty of care that they owe your loved one, you may be able to file a wrongful death claim and hold them accountable. A skilled New Orleans wrongful death lawyer can help families through this difficult time and get the financial recovery they deserve.
Wrongful death cases can be legally complex. Working with a dedicated and experienced personal injury attorney is crucial for improving your chances of success. Our legal team at Murphy Law Firm, have supported families around Louisiana for more than 30 years, and we have a combined 150 years of legal experience. Much of this experience is in personal injury and wrongful death claims. We understand the unique complexities of these cases and can help you achieve justice.
Our firm helps your family navigate these emotionally charged cases and secure the financial recovery you deserve while limiting the time and stress that the case may otherwise cost you. We know this is an incredibly difficult time and that financial compensation cannot fix this immense loss. Our goal is to secure the financial stability you need to grieve and heal.
Family members have the grounds to file a wrongful death claim when the deceased would have been eligible for a personal injury claim if they’d survived the accident. This may include a personal injury claim for the negligence of another party, strict liability personal injury claims, or wrongful death caused by criminal activity. When someone dies under these circumstances, family members can file a wrongful death claim.
A wrongful death claim on any of these grounds is a civil claim that is filed to recover financial compensation. Certain family members of the deceased can file to recover the economic and non-economic losses that they and their loved ones have suffered because of this death. This could include funeral costs, loss of financial support, and other damages.
Wrongful death cases can be more complicated than personal injury cases because it can be harder to prove case validity without a first-hand account. However, you still have options; an in-depth investigation can help. An experienced attorney can determine if family members have a valid claim and investigate to find evidence for the claim.
When families file a wrongful death claim, they can recover their financial and personal losses, which is different from most personal injury claims. Instead of recovering the deceased’s damages, a wrongful death claim only considers the family’s damages, which could include:
The exact damages you can recover as a family will depend on your specific case. When you work with an experienced wrongful death attorney, they have significant skills and resources that are necessary to calculate damages and assess your claim’s worth. A wrongful death case could consider pain and suffering damages in addition to loss of mentorship, and your attorney can help you understand these intangible losses.
The main difference between a wrongful death case and a survival action is the type of damages that are available and the causes of the action. Families may be able to file a survival action in specific cases. When the individual is injured and later dies because of an offense or negligent, unlawful act by another person, certain surviving family members can file a survival action.
While a wrongful death claim allows families to recover the cost of their losses, a survival action allows families to recover the cost of losses suffered by the deceased, including losses of their person or property.
Wrongful death cases and survival actions can only be brought by specific close family members of the deceased and only in a specific order. Only if the prior relatives in this order do not exist or did not survive the deceased can the next family members be eligible to file the case. This order is as follows:
Family members can file whether they are related by blood or legal adoption. Neither of these claims can be brought by parents who abandoned a deceased child during the child’s minority. They are considered by law not to have survived the deceased. Therefore, the ability to file would pass to the next family member.
Survival actions can also be brought by the representative of the deceased’s estate if none of the above relatives survive.
There is a set period of time to file a wrongful death claim or a survival action. This time limit is one year, although this may vary from parish to parish. If you miss this deadline, you will be barred from recovering compensation for the death of your loved one. This timeline is shorter in Louisiana than in most states, so it is crucial to act quickly.
One of the most common causes of wrongful death cases is car collisions. Motor vehicle collisions are a frequent cause of injury and death. In New Orleans and Orleans Parish, there were sadly 61 fatalities in 2024. Of these fatalities, 24 were drivers, while 28 were pedestrians. Vulnerable individuals like pedestrians and bicyclists are at a higher risk of serious and fatal injuries.
There are many causes of vehicle accidents. Driving while under the influence disproportionality causes fatal accidents compared to non-fatal accidents. Alcohol contributed to 25.42% of fatal crashes in New Orleans in 2024, compared to 6.05% of suspected injury crashes and 1.99% of property damage crashes.
Commercial vehicles in accidents also have a much higher likelihood of fatalities. In 2024, 61 fatalities occurred in New Orleans which were caused by only three fatal crashes involving commercial motor vehicles.
There are several other causes of wrongful death cases. Nearly any accident that could result in a personal injury case could also lead to a wrongful death claim, such as deaths from medical malpractice, workplace accidents, maritime injuries, defective products, and premises liability hazards.
If you or a loved one has been injured, the New Orleans Police Department can be reached at their non-emergency number (504) 821-2222. For emergencies, call 911.
A: The family members who have the grounds for a wrongful death claim in Louisiana are the deceased’s:
These relatives include those by blood and adoption. The claim can also be inherited.
A: The most effective way to win a wrongful death case is to work with a skilled wrongful death attorney. An attorney has experience investigating and assessing the legitimacy of a claim and gathering evidence to support a viable claim. A wrongful death attorney also knows how to negotiate with insurers effectively.
While an attorney cannot guarantee any outcome, you are more likely to obtain the most compensation possible and hold the at-fault party accountable with competent legal support.
At Murphy Law Firm, we want to support you through the filing of a wrongful death case. Whether you lost a loved one in a workplace accident, a car collision, or another incident, we have the resources and knowledge to help you navigate a case. If you believe your loved one’s death was caused by the negligence or misconduct of another person, business, or entity, contact Murphy Law Firm and see how we can help.
When you choose Murphy Law Firm, you gain access to a team of experienced attorneys with a proven track record of success. We understand the importance of trust, and we strive to build lasting relationships with our clients by delivering exceptional results.
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