New Orleans Wrongful Death Lawyer

No family should ever experience the loss of a loved one because of someone’s negligence. Although legal action cannot undo the harm, it offers families a path to justice and closure. It also helps address the immediate financial aftermath and provides security for the future. At Scott Vicknair Injury Lawyers, we help families throughout New Orleans understand their rights and receive the legal guidance they need after a wrongful death.

Helping Families Seek Justice After a Wrongful Death in New Orleans

Our New Orleans wrongful death lawyers help families seek justice by holding negligent parties accountable through civil lawsuits and pursuing compensation to help them move forward.

We understand the traumatic impact a sudden loss can have on a family and provide you with resources to help. Between the stress of sudden medical expenses and funeral planning, it can become difficult to find time to properly grieve when also having to deal with insurance companies. That is where we can help. Our firm handles the legal responsibilities so your family does not have to manage the process alone.

We help by:

• Gathering records and evidence needed to support your claim
• Reviewing how the death has affected your family
• Filing a wrongful death claim on your behalf
• Handling communications with insurance companies and defense attorneys
• Pursuing a fair settlement or taking your case to trial when needed
• Keeping you informed throughout the process

Why Families Choose Scott Vicknair Personal Injury Lawyers

With more than 120 years of combined experience, our New Orleans wrongful death lawyers understand what is at stake for families after a serious accident. Our team is committed to conducting thorough investigations and building strong cases to help families pursue the compensation they deserve and need to move forward. We handle the legal process so you can focus on what matters most, and we keep you informed every step of the way.

Families choose our firm for:

• 24/7 availability: Access to our team whenever you need answers or support
• No fees unless we win: No attorney fees unless we recover compensation for your case
• Proven results: More than $100 million recovered for our clients
• Free consultations: No-cost case reviews to help you understand your legal options 

Our Successful Wrongful Death Settlements

Below are some of the results we have secured for past clients:

• $350,000: The firm represented a young mother and full-time worker who was a passenger in a vehicle sideswiped by an 18-wheeler on the interstate in New Orleans. Due to her collision-related injuries, she required a surgical rhizotomy. After litigating the case in Orleans Parish, the firm reached a settlement through mediation.

What Is Considered a Wrongful Death Under Louisiana Law?

A wrongful death occurs when someone loses their life because of another person‘s negligence or reckless behavior. It might involve a drunk driver, a distracted motorist, or someone failing to follow basic safety rules. When this happens, certain surviving family members may be able to file a wrongful death lawsuit.

A wrongful death lawsuit is a civil case, which is separate from any criminal case arising from the same incident. While the state brings a criminal case, which may result in penalties such as imprisonment or fines, a wrongful death lawsuit is filed by the surviving family to recover compensation and hold the responsible party financially accountable.

How Wrongful Death Claims Differ From Survival Actions

Wrongful death claims focus on the impact on the family, whereas survival actions address the harm directly done to the loved one:

• Wrongful death claims: Cover losses such as funeral and memorial expenses, as well as the loss of companionship, love, and future inheritance
• Survival actions: Allows compensation for the injuries, conscious pain and suffering, and medical bills a loved one suffered before their passing

While these are separate legal remedies, they often work together to help families achieve a more complete recovery.

Typical Wrongful Death Cases in New Orleans

Many wrongful death cases in New Orleans involve preventable accidents caused by someone else’s negligence. The city’s busy roadways, active port, historic buildings, and industrial economy create unique risks in New Orleans that can lead to fatal accidents. Common examples include:

• Car crashes on busy roads and highways, including I-10, U.S. Highway 90, Claiborne Avenue, and Canal Street
• Defective consumer products, industrial equipment, and machinery
• Maritime fatalities and offshore accidents connected to the Port of New Orleans, the Mississippi River, and the Gulf
• Collisions involving commercial trucks, delivery vehicles, buses, and other large vehicles driven dangerously 
• Unsafe property conditions, such as broken stairways, inadequate security, poor lighting, and aging infrastructure
• Workplace accidents at construction sites, shipyards, manufacturing facilities, industrial plants, and other job sites

Who Can File a Wrongful Death Lawsuit in Louisiana?

Typically, the surviving spouse and children can file a wrongful death lawsuit. However, if there is no spouse or child, the right passes to the surviving parents and siblings. Louisiana Civil Code Article 2315.2 establishes this order to maintain consistency in the process and to protect the legal rights of the closest family members. 

Because Louisiana follows this priority system, not everyone who was close to the deceased has the legal right to file a claim. Unmarried partners, close friends, and other extended family members do not have the same legal standing. Our New Orleans wrongful death attorneys can help you establish where you fall in the line of priority and what options might be available.

What Compensation May Be Available After a Wrongful Death?

Compensation cannot bring someone back, but it can help cover the immediate costs of your loss and support the people who relied on your loved one every day. It can help protect your family’s future and also honor what you all have been through.

Depending on the facts of the case, compensation in a wrongful death lawsuit may include:

• Funeral and burial expenses
• Loss of love, guidance, and companionship
• Loss of financial support
• The value of your loved one’s household services
• Future inheritance

Every family’s needs are different, and we take the time to understand what this loss has meant for you personally and financially.

You have enough to carry already. Let us help with the legal part. A New Orleans catastrophic injury lawyer on our team will help gather the proper documents and evidence to show the full impact of your loss. 

How to Choose the Best Wrongful Death Lawyer

Not every law firm is capable of handling a wrongful death case effectively. As you evaluate your options, consider whether the lawyer offers:

• Free initial meetings to review your case and answer your questions
• Contingency fees so you do not pay attorney’s fees unless your case is successful
• Extensive knowledge of Louisiana wrongful death laws and local court procedures
• A proven history of obtaining favorable results for grieving families
• Strong local resources, including trusted experts and investigators who can help build your case
• Trial readiness to present your case in court if a fair settlement cannot be reached

Wrongful Death FAQ’s

How Long Do I Have To File a Wrongful Death Lawsuit in Louisiana?

Louisiana law typically gives families only one year from the date of their loved one’s death to file a wrongful death lawsuit. That deadline can pass quickly, especially while you are grieving and trying to manage funeral arrangements and other responsibilities. Although there are limited exceptions to the filing deadline, it is important to speak with a lawyer as soon as possible. Acting early helps protect your right to pursue a claim and allows your legal team to preserve important evidence before it is lost or becomes more difficult to obtain.

Can More Than One Family Member File a Wrongful Death Claim?

Yes, more than one family member may pursue a wrongful death claim. In many cases, eligible family members file a single wrongful death lawsuit together. For example, a surviving spouse may bring the claim alongside the deceased’s children. If there is no surviving spouse, multiple children may file the lawsuit together.

What Is the Difference Between a Wrongful Death Lawsuit and a Criminal Case?

There are several differences between a wrongful death lawsuit and a criminal case. They both use different legal systems. Wrongful death lawsuits are brought in civil court, while criminal cases move through the criminal justice system.

The scope of responsibility can also be different. Criminal cases generally focus on the person accused of causing the death. Wrongful death lawsuits may also hold businesses, property owners, employers, or other third parties accountable if their negligence contributed to the fatal accident.

What if My Loved One Was Partially Responsible for the Accident?

Even if your loved one was partially at fault for the accident, you may still be eligible to pursue compensation depending on their share of the fault. In January 2026, Louisiana transitioned to a modified comparative fault system. This means if your loved one was found to be 51% or more at fault, surviving family members cannot recover damages. If they were 50% or less at fault, compensation may still be available, but it will be reduced in proportion to their percentage of fault.

How Long Does a Wrongful Death Case Usually Take?

A wrongful death claim can take anywhere from months to years to fully resolve. How quickly a claim proceeds depends on the circumstances surrounding the incident, insurance negotiations, the complexity of liability, and whether the case proceeds to trial.

We will do everything possible to minimize the time it takes for your family to receive compensation from the at-fault party, without cutting corners or trying to rush your claim. We will keep you updated throughout the process and provide compassionate support from start to finish.

Get Compassionate Legal Guidance After the Wrongful Death of a Loved One

If you lost a loved one because of someone else’s negligence, you or eligible family members may have the right to pursue a wrongful death claim. The legal process can feel challenging while you manage the impact of your loss. Our trial-ready team is available 24/7 to take the burden off your shoulders.

Contact Scott Vicknair Injury Lawyers online or call (504) 474-6158 today for your free case review. Remember, there are no fees unless we win.