New Orleans Wrongful Death Attorneys

Compassionate Wrongful Death Representation in Louisiana

If you have recently lost a loved one because of someone else’s negligence, talk to our personal injury team at The Womac Law Firm about your options. This is an overwhelming time, and the last thing most families want is the added pressure of dealing with insurance adjusters or wondering whether they should even file a claim. Call (504) 470 3935 for a free, no obligation consultation.

A wrongful death claim in Louisiana allows certain family members to seek compensation when a loved one dies due to another party’s fault. These cases may cover funeral costs, loss of financial support, and loss of companionship, and they may also involve a related survival action for damages the deceased person could have pursued.

Have You Lost a Loved One? Our no-obligation consultations are FREE. Call our wrongful death lawyers in New Orleans today at (504) 470-3935 or contact us online.

Have You Lost a Loved One?

No obligation consultations are free. Call our wrongful death lawyers in New Orleans at (504) 470 3935 or contact us online. A wrongful death claim can arise when a death results from negligence, recklessness, or another wrongful act.

We represent families in New Orleans and across Louisiana in wrongful death cases involving the following:

Not only is it important to pursue fair compensation for your family, but it is also important to hold the responsible party accountable.

If you are not sure whether you have a claim, talk with our New Orleans wrongful death attorneys. We can listen, answer your questions, and explain the next steps in plain language.

Wrongful Death and Survival Action in Louisiana

Families are often surprised to learn that fatal accident cases may involve two separate claims.

Wrongful death focuses on the losses suffered by surviving family members because of the death. Louisiana’s wrongful death law is set out in Civil Code Article 2315.2.
A survival action is different. It focuses on damages the deceased person could have recovered if they had lived, which may include medical treatment before death and pain and suffering between injury and death. Survival actions are addressed in Civil Code Article 2315.1.

This distinction matters because it affects what damages may apply and who can bring each claim.

Who Can File a Wrongful Death Claim in Louisiana

Louisiana law sets an order for who may file. Under Civil Code Article 2315.2, a wrongful death claim may be brought by the surviving spouse and child or children, or either the spouse or the child or children. If there is no surviving spouse or child, the claim may be brought by the surviving father and mother, or either of them. If there is no surviving spouse, child, or parent, the claim may be brought by the surviving brothers and sisters. If there is no surviving spouse, child, parent, or sibling, the claim may be brought by the surviving grandparents.

Louisiana law also includes exceptions that can affect eligibility in specific situations. If multiple relatives are involved, it helps to clarify standing early so the case can move forward without delays.

Compensation in New Orleans Wrongful Death Cases

Wrongful death damages depend on the facts, but they commonly include the following:

Funeral and burial expenses
Medical bills related to the final injury, if applicable
Loss of income and financial support that the deceased would have provided
Loss of companionship, guidance, and support

Families may also experience practical losses that insurers try to minimize, such as the value of household services and the long-term impact on children and dependents. We take the time to document these losses carefully so your claim reflects what your family has truly lost, not just what an insurance company wants to pay.

How Wrongful Death Claims Progress in New Orleans

Families often want to know what happens after the first call. While every case is different, most follow a similar path.

Step 1: Case review and coverage review
We learn what happened, discuss your goals, and identify potential sources of liability and insurance coverage.

Step 2: Investigation and evidence preservation
We begin the investigation and take steps to preserve evidence, including crash records, medical documentation, witness information, and time-sensitive footage when available.

Step 3: Claim presentation and negotiation
Once we have the supporting records, we prepare and present a complete claim that clearly explains liability and damages, and then we negotiate with the insurance company.

Step 4: Litigation when necessary
If the insurer refuses to offer fair value, litigation may be recommended. Our team is familiar with how cases proceed in Orleans Parish Civil District Court and other local courts, and we explain what to expect at each stage so you are not left guessing.

Throughout the process, we handle communications with insurers and opposing counsel so you can focus on your family.

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Frequently Asked Questions

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

Louisiana has short filing deadlines, known as a prescription. Legislative updates changed the prescriptive period for wrongful death actions to one year from the death of the deceased, or two years from the day injury or damage is sustained, whichever is longer, with the change going into effect August 1, 2025. Because deadlines can depend on the facts and the type of claim involved, it is best to speak with a lawyer as soon as possible.

What should be done first after a wrongful death

Start by gathering what is available and protecting what can be lost. Keep copies of any accident report information, medical paperwork, and insurance communications. Avoid recorded statements until legal guidance is in place, since early statements can be used to minimize a claim.

What evidence matters in a New Orleans wrongful death case

Evidence commonly includes crash reports, witness statements, photographs, video when available, medical records, employment and income documentation, and any records that clarify fault. Preserving time-sensitive evidence early can make a major difference.

Will a case always go to trial

Many cases resolve through negotiation, but trial preparation is still important. A case may move to litigation if liability is disputed, damages are minimized, or an insurer refuses to offer fair value.

Our Commitment to Your Wrongful Death Case

From gathering and filing paperwork to negotiating with insurance adjusters, our New Orleans wrongful death attorneys handle the legal details for you. Many families come to us unsure whether they even have a claim or what matters most right now. We explain options clearly, keep communication straightforward, and move the case forward with purpose.

Your consultation is free, and you pay no attorney’s fees unless we recover compensation. Call (504) 470-3935 to speak with a New Orleans wrongful death attorney today.

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I wasn’t sure what to do after being in an accident but decided to allow Womac Law Firm to take the case. I’m so happy I did. Everyone on the case was extremely helpful and supportive from start to finish. I never had to worry about are they working on the case or not. I was informed during the entire process. I was also pleased to meet Mr. Womac himself. Unlike some law firms you work with attorneys under the head attorney but never meet the owner of the firm. You will never be disappointed by choosing to put The Womac on them. The best law firm in NOLA!
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Absolutely amazing place, with absolutely amazing people. Everyone is kind, smiling, and always in a great mood! Soon as you walk in the door, they ask you if you need something to drink are anything else! Everyone knows who you are even if they have seen you only once! My car accident was on November 16th, 2023 that's when I met Mr Womac for the first time! Two days ago I met him for the second time and he knew exactly who I was, professionally trained people in a great environment! I recommend if you are in a car accident PUT THE WOMAC ON THEM YOU WON'T BE DISAPPOINTED!
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Mr. Womac prioritized my well-being and recovery. My attorney acted in my best interest to get the best settlement possible.
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It’s said that if you want more personal services go with a smaller group like a mom & pops spot. Well at the Law Offices of Womac they've treated me like we've been friends for years. Johnathan & his assistant are attentive, informed, and kind. It has been my pleasure to do business with them & most certainly give them return business in the future. Thanks for everything guys!

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