New Orleans Wrongful Death Lawyer

It really tears one’s heart apart to lose a loved one due to someone’s negligence. The emotional toll is overwhelming, and the financial strain can make things even harder. While nothing can truly replace your loss, a wrongful death lawsuit can help hold the responsible party accountable and provide the financial support you need to move forward.

At the Law Office of Heather C. Ford in New Orleans, we understand the emotional and financial burdens wrongful death cases bring, and we are here to help you navigate the legal process with confidence and care.

If you need a New Orleans wrongful death lawyer, reach out to us—we’re here to help!

What Qualifies as a Wrongful Death Case in Louisiana?

A wrongful death claim arises when a person dies due to the negligence, recklessness, or intentional misconduct of another party. Common causes of wrongful death lawsuits include:

• Car accidents caused by reckless or intoxicated drivers
• Medical malpractice, such as surgical errors or misdiagnoses
• Workplace accidents resulting from unsafe conditions
• Defective products that lead to fatal injuries
• Criminal actions, including violent crimes and negligence

Under Louisiana law, only specific family members can file a wrongful death lawsuit. This includes the deceased’s spouse, children, parents, or, in some cases, siblings or grandparents.

Why Hire a New Orleans Wrongful Death Lawyer?

Handling a wrongful death claim alone can be overwhelming, especially when you are grieving the loss of a loved one. A New Orleans wrongful death lawyer ensures that you:

• Understand your legal rights under Louisiana’s wrongful death laws
• Gather crucial evidence to support your claim
• Hold negligent parties accountable for their actions
• Seek fair compensation for damages such as medical expenses, funeral costs, and lost income

An experienced wrongful death attorney at the Law Office of Heather C. Ford will guide you through every step of the legal process while providing the support you need.

Compensation in a Wrongful Death Lawsuit

A wrongful death settlement aims to ease the financial burden of your loss. Compensation for this personal injury case may cover:

Economic Damages

• Medical bills related to the deceased’s final treatment
• Funeral and burial expenses
• Lost income and financial support the deceased would have provided
• Loss of benefits, such as health insurance or retirement funds

Non-Economic Damages

• Pain and suffering of the surviving family members
• Loss of companionship
• Mental anguish caused by the untimely loss
• Loss of guidance and support for children

Punitive Damages

In cases where negligence was particularly egregious, such as drunk driving fatalities or medical malpractice, the court may award punitive damages to punish the responsible party and deter similar behavior.

Average Settlement for a Wrongful Death Case in Louisiana

The amount awarded in a wrongful death settlement varies depending on several factors, including how the death occurred, financial losses, and the level of negligence involved. In Louisiana:

• Settlements typically range from hundreds of thousands to several million dollars, depending on the specifics of the case.
• Louisiana law caps medical malpractice wrongful death claims at $500,000, excluding future medical expenses.
• The more severe the negligence, the higher the potential settlement—cases involving reckless behavior, like drunk driving or gross medical errors, often result in larger payouts.
• Lost income and financial dependency matter—families can seek compensation for lost wages and future earnings.
• Medical bills and funeral costs are included, helping to cover the financial burden left behind.
• Pain and suffering damages acknowledge the emotional toll on surviving family members.
• Punitive damages may be awarded in cases of extreme misconduct, serving as a punishment for the at-fault party.

Because every case is different, working with an experienced wrongful death attorney in New Orleans can help ensure you understand your rights and pursue the compensation your family deserves.

Who Can File a Wrongful Death Claim in Louisiana?

Only certain family members are legally allowed to file a wrongful death claim. Louisiana law follows a strict hierarchy:

1. Spouse and children of the deceased
2. Parents, if no spouse or children exist
3. Siblings, if no parents, spouse, or children are alive
4. Grandparents, if no other immediate family members qualify

If no eligible family members exist, the deceased’s estate may have the right to pursue legal action.

How Long Does a Wrongful Death Lawsuit Take?

The timeline for a wrongful death case in Louisiana varies depending on several factors. While some cases settle within a few months, others may take a year or more, especially if they go to trial. Here’s a general breakdown of the process:

• Investigation & Case Preparation (Weeks to Months) – Gathering evidence, consulting experts, and determining liability.
• Filing the Lawsuit (Immediately After Investigation) – If a fair settlement isn’t reached, the attorney files a wrongful death lawsuit.
• Settlement Negotiations (Several Months) – Most cases settle before trial, but negotiations can take time, especially if insurance companies delay or dispute the claim.
• Trial (If Necessary – 1+ Years) – If a fair settlement isn’t reached, the case goes to court, where a judge or jury determines compensation.

Many families prefer a settlement to receive compensation faster and avoid a lengthy court battle. However, if the at-fault party refuses to offer fair compensation, your attorney will take the case to trial to fight for the justice your loved one deserves.