Did you lose a loved one in a fatal accident in New Orleans, Louisiana? If the accident was caused by someone else’s negligence, you may have a wrongful death claim. Our New Orleans wrongful death lawyer at the Law Offices of John S. Williams can help your family pursue compensation and accountability. Call (504) 499-5644 for a free consultation.
We have extensive experience handling personal injury and wrongful death claims. We know how devastating such a loss can be, and we know the importance of getting justice for a loved one. Let us help you seek the financial support you need to move forward and get closure.
Why Choose the Law Offices of John S. Williams for Help After a Wrongful Death in New Orleans, LA?
A wrongful death claim is not just another legal case. It represents a life, more specifically, the life of someone you loved. You deserve a New Orleans wrongful death attorney who can help give meaning to that loss and ensure the parties who caused it are held fully accountable. You can trust the Law Offices of John S. Williams.
Attorney John S. Williams has dedicated his career to standing up for people who are often overlooked, blamed, or ignored. Clients in New Orleans, Louisiana, choose us because we offer:
- Extensive legal experience and a track record of handling all types of injury cases
- A background and noteworthy trial experience
- Personalized attention and direct attorney involvement from your case’s start to its finish
- A history of recovering substantial verdicts and settlements for injured clients in their time of need
- Contingency fees and free consultations for all clients
Contact us today to schedule a free case review with a trusted New Orleans personal injury attorney.
What Qualifies as a Wrongful Death Under Louisiana Law?
Louisiana law defines a wrongful death as a death that occurs because of another party’s negligence, recklessness, or intentional misconduct. If a deceased person would have been able to file a personal injury claim had they survived, their surviving family members may have the right to pursue a wrongful death lawsuit.
Wrongful death cases may arise from many different types of incidents, including serious motor vehicle crashes, unsafe property conditions, defective products, and other acts of negligence. These claims are designed to hold the responsible party accountable civilly rather than criminally; they provide compensation for the loss of support and companionship a family is now facing due to a loved one’s death.
If you are unsure whether your family member’s fatal accident qualifies as wrongful death under Louisiana law, you should consult a New Orleans wrongful death attorney. A lawyer can review the circumstances of the incident and help your family determine the best path forward.
Who Can File a Wrongful Death Claim in Louisiana?
Louisiana’s wrongful death statute sets out a specific order of family members who are allowed to file a wrongful death claim.
Generally, the following individuals may have the right to pursue a claim:
- The surviving spouse and children of the deceased
- The surviving parents, if there is no spouse or children
- The surviving siblings, if no parents survive
- The surviving grandparents, if none of the above relatives remain
While only certain family members may bring the claim to court, any compensation obtained through the case will address the losses experienced by those who were closest to the deceased. An experienced attorney can help clarify who has the right to file.
What Is My New Orleans Wrongful Death Case Worth?
No amount of money can replace the life of someone you love. However, a wrongful death claim can help relieve the financial strain caused by a sudden loss and provide resources that allow your family to move forward.
Important factors that influence the value of a wrongful death case include:
- The age and overall health of the deceased before the accident
- Their income and expected future earning capacity
- The financial support they provided to family members
- The loss of companionship, guidance, and emotional support
- Medical expenses incurred before death
- Funeral and burial costs
The Law Offices of John S. Williams can help you evaluate how these variables apply to your case and help you build a complete picture of what your family has lost.
What Compensation Can Be Recovered in a Louisiana Wrongful Death Claim?
Wrongful death damages aren’t designed to bring back a loved one. However, they can provide money that addresses the immediate financial losses a family has experienced, as well as the long-term monetary harm they face due to the death. They can also address the extreme emotional losses that follow such tragedies.
Depending on the circumstances, your economic and non-economic compensation in a Louisiana wrongful death case may include:
- Medical expenses related to the injury that led to the person’s death (this is part of a survivor action).
- Funeral and burial costs
- Loss of financial support that the deceased would have provided
- Loss of household services and contributions
- Loss of love, companionship, and emotional support
- Loss of guidance and parental support for surviving children
- Mental anguish and emotional suffering experienced by family members
Wrongful death cases are among the highest-value claims in the personal injury field. Pinpointing their full value requires a detailed review of financial records, employment history, and testimony from economic experts. Having an experienced attorney to coordinate this evidence is essential to building a strong claim.
How Much Does It Cost to Hire a Wrongful Death Lawyer in New Orleans?
Most wrongful death claims are handled on a contingency fee basis. Under this structure, you do not pay upfront legal fees (or hourly billing) to pursue your case, and your attorney advances the costs of filings, court fees, experts, and any other resources necessary to advance your claim.
You will only owe attorney fees at the end of your case if your lawyer recovered compensation for you. These fees will typically be a percentage of any settlement or verdict they recovered on your behalf.
What Happens if My Loved One Was Partially at Fault for the Accident in New Orleans, LA?
Insurance companies often try to reduce their financial responsibility by arguing that the person who died shared some blame for the accident. This is a common tactic in wrongful death cases, which can reach millions of dollars in value.
Louisiana follows a modified comparative fault system. Under this rule, surviving family members may still recover compensation even if the deceased person was partially responsible for the incident (50% or less). However, the total damages awarded will be reduced based on their percentage of fault.
If your loved one was more than 50% at fault, they won’t be able to recover. Insurance companies often try to overstate a victim’s fault. If your loved one is being blamed, don’t assume it’s accurate—an experienced attorney can assess liability and help protect your right to compensation.
What Causes Most Wrongful Deaths in Louisiana?
Many wrongful death cases arise from accidents that could have been prevented through more reasonable and careful behavior.
Some of the most common causes of wrongful death claims in New Orleans include:
- Car accidents
- Truck and commercial vehicle collisions
- Motorcycle crashes
- Pedestrian accidents
- Bicycle accidents
- Dangerous or defective products
- Unsafe property conditions
- Construction and industrial accidents
- Acts of violence or intentional harm
At the Law Offices of John S. Williams, we focus on representing victims of serious crashes and other negligence-related injuries, particularly cases involving pedestrians, cyclists, and other vulnerable road users.
How Long Do You Have to File a Wrongful Death Lawsuit in Louisiana?
Louisiana has one of the shortest filing deadlines in the country for wrongful death claims. In most situations, you must file your lawsuit within one year of the date of your loved one’s death. If you fail to file within that one-year window, you may permanently lose the right to seek compensation in court.
There are limited situations where the deadline may be paused or extended, but you shouldn’t rely on them. Instead, you should speak with an attorney as soon as possible after a fatal accident to learn about the time limits for filing your claim.
Contact Our New Orleans Wrongful Death Lawyer for a Free Consultation
Pursuing a legal claim after losing a loved one in New Orleans, LA, is never easy, but it is often necessary to get closure, obtain accountability, and secure the financial resources that your family needs. The Law Offices of John S. Williams is ready to put our experience and advocacy behind your case.
Let us help you get justice for your loved one. Contact us today to schedule a free consultation with a New Orleans wrongful death attorney to discuss your legal options.
