New Orleans Wrongful Death Lawyer

If you have lost someone you love, and you think they were taken from you too soon, it is time to contact a New Orleans wrongful death lawyer. There may be nothing more devastating for a family than to lose a loved one unexpectedly. Surviving family members have the right to seek compensation for the losses they suffered as a result of their loved one’s untimely death. 

Our New Orleans personal injury lawyer can help ensure your rights are protected. At Scott Vicknair Injury Lawyers, we have more than 121 years of combined trial experience. We know that no amount of money can ever compensate for the loss of a loved one. Our goal is to provide you with the support you need as you transition into this new phase of your life.

What Is Considered a Wrongful Death

A wrongful death happens 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. In a civil case, the family can bring a wrongful death lawsuit to recover financial damages and hold the responsible party accountable. 

These cases focus on the harm caused and what the family needs to move forward, not just emotionally, but financially. It is essential to know the difference between civil and criminal courts. A criminal case, such as manslaughter or homicide, is handled by the state and may lead to jail time or fines. 

A wrongful death lawsuit is filed by your wrongful death lawyer in New Orleans on behalf of the family in civil court. It focuses on compensation for things like funeral costs, lost income, and emotional suffering. Even if no criminal charges are filed or the person is acquitted, you may still have a valid civil case. 

Who Can File a Wrongful Death Lawsuit in Louisiana

Under Louisiana Civil Code Article 2315.2, only certain people are allowed to file a wrongful death lawsuit. That list starts with the surviving spouse and children. If there is no spouse or child, the right passes to the surviving parents and siblings.

The law sets this order to keep the process consistent and to protect the legal rights of the closest family members. You may not realize that not everyone who loved the deceased will be eligible to file. 

Unmarried partners, close friends, and other extended family members may not have legal standing under Louisiana law. A New Orleans wrongful death attorney from Scott Vicknair Injury Lawyers can help you establish where you fall in the line of priority and what options might be available. If you are unsure whether you qualify, it is better to ask early so you do not lose valuable time.

Common Causes of Wrongful Death Beyond Car Accidents

Not every wrongful death starts with a fatal car accident or a medical error. Sometimes the cause is something less expected, like a hazard on the job or a product that should have been safe but was not. These are just a few examples of where we often see families dealing with a sudden loss:

• Workplace accidents
• Dangerous property conditions
• Defective products
• Acts of violence
• Unsafe commercial vehicles
• Car accidents

When something like this happens, it is not always clear who is responsible or what your next step should be. That is where legal help can make a difference. A New Orleans fatal truck accident lawyer on our team can help you look deeper, find answers, and assess what kind of legal options your family may have. You do not have to go through it alone.

What to Do If a Loved One Is in a Fatal Accident

After a sudden loss, everything can feel like it is moving too fast and too slow at the same time. One of the most important steps you can take is to contact a legal advocate as soon as possible. Key evidence can disappear quickly, especially in accidents involving vehicles, commercial properties, or public spaces.

Whether you are dealing with a car crash, a workplace incident, or trying to figure out what to do if a loved one is in a fatal truck accident, legal support early on can help preserve what matters. A New Orleans fatal car accident lawyer can step in to protect your rights and begin gathering the records, witness statements, and expert support needed to build a strong case. 

In addition, your New Orleans wrongful death lawyer can also help you understand who may be liable and what options your family has. You do not have to take these steps alone or guess your way through a difficult process. We are here to help you get answers and take care of what comes next.

What Financial Compensation Can Cover in a Wrongful Death Claim

Compensation cannot bring someone back, but it can give your family room to breathe during an incredibly painful time. It can help cover the immediate costs of the loss and support the people who relied on your loved one every day. Filing for financial compensation is not just about the money. It is about protecting your future and honoring what your family has been through.

What Families May Be Able to Recover

When someone passes away due to another person’s carelessness, their family may be able to recover a range of damages. These can include the loss of the person’s income, the value of their household services, and their future inheritance. 

Emotional losses like the loss of love, guidance, and companionship are also recognized in Louisiana wrongful death claims. Expenses for the funeral, memorial, and burial may also be included.

Every family’s needs are different, and we take the time to understand what this loss has meant for you personally and financially. A New Orleans catastrophic injury lawyer on our team will help gather the proper documents and evidence to show the full impact of the loss. You have enough to carry already. Let us help with the legal part.

Survival Actions on Behalf of the Deceased

In addition to a wrongful death claim, Louisiana Civil Code Article 2315.1 also allows for something called a survival action. This is a separate claim brought on behalf of your loved one for what they went through before they passed away. It can include any medical bills, hospital care, or conscious pain and suffering they endured after the accident, but before they died. 

The survival action is different from a wrongful death claim because it focuses on the harm done directly to your loved one, not just the impact on your family. 

That distinction matters when it comes to calculating damages and dividing the award. Your New Orleans wrongful death attorney will walk you through how these claims work together and help you pursue both when they apply. It is one more way to ensure your case reflects the whole story.

Why Proving Wrongful Death Requires Legal Support

Wrongful death claims are often complicated, emotional, and challenging to prove without the right approach. These cases rely on clear, persuasive evidence that connects the actions of the responsible party to your loved one’s passing. That means timelines, medical details, and witness information all have to line up with the facts.

What Evidence Helps Build a Strong Case

To prove wrongful death, we gather everything that helps tell the story of what happened. That might include autopsy records, medical documentation, accident reconstructions, and firsthand witness accounts. If the death followed an incident like a collision or unsafe conditions, your wrongful death attorney in New Orleans looks at what led up to the event and whether anything could have prevented it. 

That information helps us understand how the loss occurred and who may be responsible. The facts may initially seem obvious in some cases, like those involving the legal consequences of distracted driving. 

However, you still need supporting records that show exactly how that distraction led to someone’s death. Whether it was a commercial driver, an unsafe property, or a faulty product, we help families build cases with care and clarity. We aim to ensure your loved one’s story is heard and supported by solid facts.

How Our Legal Team Builds Your Case

The first step is understanding what your family is facing. We begin by reviewing what happened, what has been documented so far, and what still needs to be collected. From there, we organize records, request key documents, and speak with people who may have important information to share. These early steps lay the groundwork for a strong and complete claim.

Along the way, we stay focused on timing and strategy. That means making sure everything is filed on time, building a case that can hold up in court if needed, and pushing for meaningful results in negotiations. You do not have to keep track of it all on your own. We handle the details, communicate clearly, and work to protect your family’s future from day one.

Reasons to Hire a Wrongful Death Lawyer

After a sudden loss, it is easy to feel overwhelmed by everything that comes next. Many families are unsure where to turn or whether they even have a valid case. The right legal support can give you space to grieve while someone you trust handles the details. Here are a few reasons why working with a wrongful death lawyer can make a difficult process more manageable:

• Emotional recovery should come first
• You may not know your legal options
• The other side will try to protect themselves
• Professional representation means better results

When you are facing decisions that affect your future, it helps to have someone who knows how this works and can help you avoid common mistakes. A lawyer can take the pressure off your shoulders and make sure your rights are protected from the very beginning. Whether you are still figuring out what happened or you are already considering your legal options, we are here to help you take the next step.

Statute of Limitations in Louisiana Wrongful Death Cases

If you are thinking about filing a wrongful death claim, one of the first and most relevant things to know is that time matters. In Louisiana, the law gives you just one year from the date of your loved one’s passing to file a claim under Louisiana Civil Code Article 2315.2. This deadline often comes up faster than most people expect. 

If you wait too long, the court may not hear your case at all, even if you have strong evidence or a clear reason to file. There are some rare situations where the clock may start later, like if the cause of death was not immediately known. This is called the “discovery rule,” and it sometimes applies in medical cases or situations where something was hidden. 

However, it is not something you want to count on unless there is no other option. If you are unsure where you stand or just want to talk through your options, we are here to help you figure it out. You do not need to have everything sorted out today. Taking the first step with the right support can make all the difference.

Contact a Wrongful Death Attorney in New Orleans Today

We know that any negligence-based death is a tragedy, and we know that you deserve all the help you can get. Reach out to Scott Vicknair Injury Lawyers today for a free consultation, and see what a wrongful death lawyer in New Orleans from our office can do for you.