New Orleans Wrongful Death Lawyers
Standing With Families for Over 50 Years

When a family loses a loved one due to negligence, the last thing they need is legal pressure. Our New Orleans wrongful death lawyers handle the claim so you don’t have to.

How Our New Orleans Wrongful Death Lawyers Help You After a Loss

When a family loses someone to another’s negligence, the legal side of it is the last thing on anyone’s mind, and it should be. Our job is to carry that part so you do not have to think about it during the hardest weeks of your life. That means working out who is eligible to file under Louisiana law, preserving the evidence before it is gone, dealing with the insurers, and handling the two separate claims Louisiana allows after a death.

The evidence in these cases is often varied and time-sensitive. It can include autopsy findings, hospital and medical records, the official police report, employment records showing lost income and support, and OSHA documentation in workplace deaths. Each piece has to be secured early, before records become harder to obtain.

Louisiana allows two related claims to move forward after a death. One is the wrongful death action, which addresses the loss suffered by the family. The other is the survival action, which continues the claim the deceased would have had for the harm they experienced before passing. In many cases, both apply.

We see these cases come from many different situations: fatal vehicle crashes, medical mistakes, nursing-home neglect, workplace and offshore deaths, and defective products. One conversation is usually enough to tell you what Louisiana law allows in your family’s situation.

Talk with a New Orleans wrongful death attorney about your next steps.

Our New Orleans Wrongful Death Attorneys Have Recovered Millions for Clients

These are a few of the personal injury outcomes our attorneys have achieved for clients in the New Orleans area.

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    PERSONAL INJURIES

  • $240 K

    PERSONAL INJURIES

  • $275 K

    PERSONAL INJURIES

  • $315 K

    PERSONAL INJURIES

Why New Orleans Families Choose Charbonnet Law Firm After a Wrongful Death

Families usually come here looking for stability more than anything else. Someone who understands Louisiana wrongful death cases and has actually handled them in local courts over time. Charbonnet Law Firm has been doing this work since 1967. Three generations of attorneys have represented New Orleans families in the same court system, and all five partners grew up here.

Louisiana law has changed in recent years, especially around deadlines and fault rules. They affect how quickly a case must be filed, how liability is argued, and how recovery is ultimately calculated in real courtrooms.

The firm also brings structure to cases that are often complex from the start. Wrongful death and survival claims may run together, and they can involve multiple defendants, medical evidence, or workplace investigations. Having a team that routinely manages those layers helps keep the case from stalling or being undervalued early on.

There’s no upfront cost to begin. The firm works on contingency, so the focus stays on building the case properly and pursuing a result that reflects what the family has actually lost.

Helpful Resources for New Orleans Families After a Wrongful Death

How a Wrongful Death Claim Really Works: Step by Step

From the first call to resolution, a New Orleans wrongful-death claim follows a clear sequence.

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    Free Consultation

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    Accident
    Investigation

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    Medical
    Documentation

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    Insurance
    Negotiation

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    Filing a Lawsuit
    (if Necessary)

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    Litigate
    Case

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    Trial or
    Settlement

It starts with a conversation about what happened and who may be eligible to bring a claim under Louisiana law. At the same time, we look at whether both a wrongful death claim and a survival claim may apply. From there, the focus shifts to protecting the evidence early, including the coroner’s report, police records, medical files, witness accounts, and employment records tied to financial support.

Once the facts are in place, the claim is built and presented to the insurance company. Most cases resolve through negotiation at that stage. In medical malpractice cases, there is an additional step: the case must first go through a Medical Review Panel before it can proceed to court.

Many claims resolve within months to a year. More complex cases take longer, especially when multiple parties or expert review are involved. The goal from the start is simple: move early enough that deadlines and missing evidence never become the reason a case is limited.

What to Do After a Wrongful Death in New Orleans

In the first weeks after a death, a few practical steps help protect a future claim, even though they are the last thing anyone wants to think about. Hold on to any police or accident report. Get several certified copies of the death certificate. Ask for the medical and hospital records, which require a signed HIPAA authorization. Keep all the insurance mail in one place, and do not give a recorded statement to any insurer or representative.

Which document carries the most weight depends on how your loved one died. For a fatal crash, the NOPD or Louisiana State Police report is usually the anchor. For a death tied to medical care, the treating-facility records and the autopsy findings matter most (in this parish, the Orleans Parish Coroner’s Office is the recognized source for autopsy records). Be careful with social media while a claim is active, because posts can be pulled into a case later.

Louisiana law also sets strict rules on who is allowed to file, and sorting that out early saves a family real trouble down the line. Speaking with a New Orleans wrongful death lawyer early helps preserve what your family will need later.

Trusted New Orleans Wrongful Death Attorneys Backed by Decades of Results

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Talk with a New Orleans wrongful death attorney about your next steps.

Experiences from Our New Orleans Wrongful Death Clients

Families across New Orleans have trusted us with their wrongful-death claims. Here’s what some of those clients have said about working with our team.

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    “I walked in as a client and walked out as a friend. If you are good at what you do, you will never need expensive ads to prove it. Good outshines the rest and in volatile times such as now always go for the good and at Charbonnet Law Firm you will be treated as humans and not just a case file. It’s my word of mouth endorsement and I approve this message.”

    A. Bajaj

    Client

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    “It’s easy to get caught up in lies. These days it’s hard to weed out good from bad. The best endorsement is what comes from people, not the lawyers’ own endorsements, paid celebrity endorsements or actors telling you they made millions. Charbonnet law firm has no expensive ads because they have happy clients. I am one of them!”

    J. Kelly

    Client

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    “If I had to sum it up in short Charbonnet Law Firm has a team that treats everyone with respect and esteem. Kindness is apparent as soon as you walk into the office, don’t be just a case number! I am not just saying it I am a client too!”

    B. Smith

    Client

Wrongful Death Statistics and Mortality Risk Context in Louisiana (Based on Recent Data)

Fatal injury mortality in Louisiana

Louisiana lost 753 people to motor-vehicle crashes in 2024 (Source: LHSC / LSU CARTS, March 2025), and crashes are only one cause of preventable death. CDC mortality data for Louisiana puts unintentional injury among the state’s leading causes of death, year after year (Source: CDC NCHS). Behind every one of those numbers is a Louisiana family.

Why wrongful death cases need specialized handling

Fatal injuries come from so many directions, and that is the reason wrongful-death work crosses practice areas: motor-vehicle crashes, medical care, the workplace, maritime incidents, and defective products. National CDC data place preventable injury among the leading causes of death in the country (Source: CDC NCHS). Two things follow from that for a family. These cases almost always need more than one expert review, and the window to gather evidence closes faster than most families expect.

Key FAQs on Louisiana Wrongful Death Law

  • How long do I have to file a wrongful death claim in Louisiana?

    One year from the date of death, under Civil Code Article 2315.2 (wrongful death) and Article 2315.1 (survival action). Act 423 of 2024 extended the general filing deadline for injury claims to two years, but it did not reach wrongful-death claims, which keep the one-year deadline.

  • Who can file a wrongful death claim in Louisiana?

    Under Article 2315.2, the right goes in order: spouse and children first, then parents, then siblings, then grandparents. Adopted children are included. Stepchildren, fiancés, in-laws, and unmarried partners are not eligible under the statute.

  • What is the difference between a wrongful death action and a survival action?

    Two separate causes of action. A wrongful death action under Article 2315.2 compensates survivors for their own loss: companionship, consortium, services, mental anguish, and financial support. A survival action under Article 2315.1 carries the decedent’s claim forward, covering pre-death pain and suffering, medical expenses, and lost wages. Both may apply.

  • What damages can a family recover in a Louisiana wrongful death case?

    Louisiana allows two related claims. The wrongful death claim covers what the family loses, including loss of companionship, emotional suffering, financial support, and funeral costs. The survival claim covers what the person experienced before death, such as medical bills, lost wages, and pain and suffering. In limited cases, exemplary damages may also apply under Article 2315.4, especially in DUI-related deaths.

  • What if my loved one was partly at fault for the accident that caused their death?

    Under Article 2323 as amended by HB 431 effective January 1, 2026, the decedent’s comparative-fault percentage reduces the recovery proportionally; at 51% or higher, recovery is barred. The percentage applies to the recovery, not to the surviving family member personally.

  • Are punitive (exemplary) damages available in a Louisiana wrongful death case?

    Not in most cases. Louisiana is mainly a compensatory damages state. Punitive damages are allowed only in limited situations, such as DUI-related deaths under Article 2315.4 or certain cases involving sexual abuse of a minor under Article 2315.7. Outside of those exceptions, recovery is focused on actual losses.

  • Do I need a lawyer for a wrongful death case?

    In most situations, yes. These cases are subject to strict deadlines and fixed rules about who can file. Some also involve extra steps, like a Medical Review Panel in medical malpractice cases or federal rules in maritime deaths under the Jones Act or DOHSA. Small procedural issues can affect whether a claim can proceed at all.

  • What if my loved one were visiting New Orleans?

    You can still bring a wrongful death claim in Louisiana even if you live out of state. Jurisdiction is based on where the incident happened, not where the family lives. These cases are often handled for tourists, cruise passengers, or visitors, and much of the process can be managed remotely. The same Louisiana rules on who can file still apply.

Talk with a New Orleans wrongful death attorney about your next steps.

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