New Orleans Wrongful Death Lawyer

Experienced Wrongful Death Attorney in New Orleans, LA

There are few events in your life that can be as frustrating, enraging, and heartbreaking as losing a loved one in a wrongful death case. If you discover that your loved one died as a result of somebody else’s negligent actions, whether it be because of a neglectful driver or a selfish business owner, it’s understandable to want to seek justice. With the help of a skilled New Orleans wrongful death lawyer, you can hold the responsible parties accountable for their actions.

The personal injury lawyer team at Marcelle Robertson Mestayer LLC knows how emotionally traumatizing it can be to try to handle a wrongful death claim on your own. You may not know where to start when it comes to filing a claim, and you may also be grieving the loss of someone close to you.

Louisiana can have complex wrongful death laws, and you should consider hiring a New Orleans wrongful death attorney to help. Our team has decades of combined experience to devote to your case.

Common Causes of Wrongful Death in New Orleans

If you decide to move forward with legal action in a wrongful death claim in New Orleans, your case will be filed in the Civil District Court for the Parish of Orleans. The clerk’s office can be found on Loyola Avenue. It’s important to remember that a wrongful death case is civil, not criminal. Nobody is going to go to prison if they are found liable for damages.

You also need to make sure your case adheres to the statute of limitations for personal injury cases, which is one year.

Unfortunately, a wrongful death can happen at any time and at any place. A wrongful death claim is essentially a personal injury claim that you are filing on behalf of the deceased, since this is what they likely would’ve done had they survived. To move forward with your case, you need to be able to prove negligence, which can be especially difficult. That’s why you should hire a wrongful death lawyer to help you build up your case. Here are some common causes:

• Vehicular accidents. Car crashes remain one of the most common causes of wrongful death cases in the state. Based on recent data from the Center for Analytics and Research in Transportation Safety (CARTS), there were 706 fatal vehicular crashes throughout the state in 2024, and 753 confirmed fatalities. It’s possible that many of these cases led to victims’ families filing wrongful death claims to seek accountability.
• Premises liability. Louisiana state law requires every home and business owner to maintain a reasonable degree of safety on their property so nobody gets hurt. If someone were to be injured or even killed as a result of a property owner’s negligence, that owner could be held liable for damages in a wrongful death claim.
• Workplace accidents. Every workplace has the potential for a bad accident, but some have more potential than others. Some workplaces, like factories and other industrial zones, are far more likely to lead to an accident than your average office job.
  
  Recent statistical information from the Louisiana Workforce Commission detailed 104 workplace accident fatalities in 2023 alone. Some of those fatalities may have led to wrongful death claims.
• Medical malpractice. Another common cause of wrongful death is medical malpractice. It’s understandable to put a significant amount of faith and trust in medical professionals, especially doctors. When a doctor’s negligent actions cause a horrible accident, it’s reasonable to want to hold that doctor accountable for what happened. Medical malpractice cases can be difficult, so make sure you have a very strong case.

FAQs

How Long Do You Have to File a Wrongful Death Claim in Louisiana?

Generally, you will have one year from the date of the victim’s death to file a wrongful death claim in Louisiana, as that’s the standard statute of limitations for a wrongful death case. In that time, you need to establish grounds for your claim, develop a strong case, consult with a wrongful death lawyer, and file a claim for compensatory damages. If you can’t file your claim before the year is up, your case may be dismissed.

What Is the Success Rate of Wrongful Death Cases in Louisiana?

There is no definitive success rate of wrongful death cases in Louisiana, as many cases are settled out of court through private negotiations. Nationally, a significant number of wrongful death cases result in the plaintiff’s victory, but that doesn’t mean that yours is guaranteed. You need a strong case, undeniable evidence, and proof of negligence if you hope to succeed with your case. You should hire a wrongful death lawyer to assist you throughout.

When Shouldn’t You Accept a Settlement Offer?

You should not accept a wrongful death settlement offer if the amount fails to cover all medical expenses, funeral costs, future lost wages, or pain and suffering. You should never feel obligated to accept any settlement amount you feel is unacceptable. Your lawyer can counteroffer until you reach a number that you feel comfortable accepting.

Should I Hire a Wrongful Death Lawyer?

Yes, you should hire a wrongful death lawyer. Cases like this can easily become unpredictable and exhausting. By hiring an experienced wrongful death lawyer, you’re putting your case in the hands of someone who has handled cases like yours before and knows what to do. It also allows you more time to grieve and start healing. A lawyer’s help is often invaluable in cases like yours.

Be Sure to Hire a Wrongful Death Lawyer for Help

It’s okay to ask for help when you need it. In a wrongful death case, you can never have enough legal and emotional support. Our firm can help you gather evidence of negligence, build a solid case, and protect your interests from insurance companies and other parties who may be seeking to undermine your case. At Marcelle Robertson Mestayer LLC, we know what kind of help you need. Contact us to speak with a member of our team about your options.