Here is a diagram in markdown mermaid syntax that illustrates the general steps involved in the legal process for Wrongful Death cases in New Orleans
Why Working with a New Orleans Wrongful Death Lawyer Matters
The sudden loss of a loved one can leave families facing more than just grief. Grief, anger, and confusion are natural responses, but when medical bills, funeral costs, and lost income start to pile up, the stress becomes even heavier.
In Louisiana, wrongful death cases involve complex laws, strict deadlines, and insurance companies that often try to limit payouts. That’s why working with an experienced New Orleans wrongful death lawyer matters.
Your attorney helps by:
- Investigating what happened
- Collecting evidence to build a strong case
- Handling legal paperwork and court filings
- Speaking with the insurance company on your behalf
- Preparing your case for trial if needed
While you focus on healing, your lawyer works to protect your rights, seek justice, and secure the compensation your family may need to move forward. Working with a skilled New Orleans wrongful death lawyer ensures your case is handled with care, expertise, and urgency.
Real answers, real support, speak with a New Orleans lawyer today.
Wrongful Death Case Results We've Handled in New Orleans
See What We've AchievedHelpful Resources by Experienced Wrongful Death Lawyers
Helpful Wrongful Death Articles
Why Choose Alvendia, Kelly & Demarest for Your New Orleans Wrongful Death Case?
Wrongful death cases demand more than legal knowledge; they require patience, emotional sensitivity, and the ability to stand up to powerful insurance companies. At Alvendia, Kelly &
Demarest, we’ve spent over 20 years helping Louisiana families through the most painful chapters of their lives by holding negligent individuals, corporations, and institutions accountable.
Our team understands that no two families or losses are alike. That’s why we approach every wrongful death claim with individualized care. We take the time to learn your story, understand the full impact of the loss, and build a case that reflects your family’s needs and future.
Founding partner Rico Alvendia, a former U.S. Army officer in Iraq, brings a military-honed discipline and sense of justice to every case. Combined with the insight and courtroom experience of Bart Kelly and Jeanne Demarest, our team brings legal firepower shaped by compassion and purpose.
Whether your case involves a fatal crash, medical negligence, or wrongful death in New Orleans, our team is prepared to guide your family with strength and care.
Legal Process for Wrongful Death Cases in New Orleans
Every wrongful death case starts with a conversation. In your free consultation, we’ll learn what happened, explain your legal rights, and outline what to expect moving forward. From there, our team begins a thorough investigation—gathering police reports, witness statements, medical records, and other evidence.
We also work with financial and forensic experts to calculate the full value of your claim, including both economic losses and the emotional toll on your family.
While many cases are settled through negotiation, we prepare every case as if it’s going to trial.
That means handling insurance discussions, court filings, and, if necessary, presenting your case in front of a judge or jury.
We guide families through every stage of a wrongful death lawsuit in Louisiana, from initial consultation to trial preparation, ensuring legal steps are handled and deadlines are met.
Who Can File a Wrongful Death Claim in Louisiana?
In New Orleans wrongful death claims, Louisiana law allows only specific surviving relatives to file a lawsuit. The order of priority matters and the right to file is granted in this order:
- The surviving spouse and children
- If none, then the surviving parents.
- If none, then surviving siblings.
- If none, then the surviving grandparents.
If no family members in these categories exist, a wrongful death claim can generally not be filed. Additionally, claims must be brought within one year from the date of death. This short window, called the “prescriptive period,” makes early legal guidance essential. A wrongful death lawyer can help determine eligibility, gather supporting documents, and file within the required time frame.
Entrust Your Case to AKD Law's Top-Rated Wrongful Death Attorneys in New Orleans Choose the Firm with a Proven History of Wins
Real answers, real support, speak with a New Orleans lawyer today.
Louisiana Wrongful Death Statistics: Know the Risks
In 2023, Louisiana experienced 755 fatal crashes, resulting in 811 deaths, according to the Louisiana Traffic Records Data Report. That year also saw a reduction in the fatality rate to 1.46 deaths per 100 million miles traveled, down from 1.60 in 2022 lahighwaysafety.org.
However, statewide data highlights deeper concerns: distracted driving contributed to approximately 22% of these fatal crashes, especially involving cell phone use. This rate positions Louisiana among the highest-ranking U.S. states for highway fatalities, with around 20 deaths per 100,000 residents.
These fatal accident statistics reinforce why it’s essential to work with a knowledgeable wrongful death attorney in New Orleans who understands both legal and emotional stakes.
Frequently Asked Questions About Wrongful Deaths in New Orleans
How long do I have to file a wrongful death claim in Louisiana?
Louisiana allows one year from the date of death to file a wrongful death claim. Missing this deadline may permanently prevent you from seeking compensation, so it’s essential to speak with a lawyer quickly.
Can siblings or grandparents file a wrongful death lawsuit?
Yes, but only if closer relatives like a spouse, child, or parent are not living. Louisiana law follows a strict order of who is eligible to file, so legal advice is key.
Do wrongful death cases always go to court?
No. Many wrongful death claims are resolved through negotiation and settlement. However, if a fair offer isn’t made, your lawyer can take the case to trial to pursue full compensation.
What damages can we recover in a wrongful death case?
You may be eligible for compensation in a Louisiana wrongful death claim for funeral expenses, lost income, and emotional losses.
What's the difference between a survival action and wrongful death?
A wrongful death claim compensates surviving family members. A survival action seeks damages the deceased could have claimed if they had lived, such as medical expenses and pre-death pain.
Do I need proof of negligence to win a wrongful death case?
Yes. Like all fatal accident cases in New Orleans, a wrongful death claim must show the other party acted negligently or intentionally. A lawyer can help gather evidence, consult experts, and build a strong case.
Can I file a wrongful death claim if a criminal case is already underway?
Yes. A civil wrongful death case is separate from any criminal charges. You can pursue compensation regardless of whether the defendant is convicted in criminal court.
How much does it cost to hire a wrongful death lawyer?
Most wrongful death attorneys, including our firm, work on a contingency fee basis. That means you pay nothing upfront and only owe legal fees if we win your case.
Real answers, real support, speak with a New Orleans lawyer today.
Personal Injury Practice Areas
-
Wrongful Death
-
Car Accidents
-
Truck Accident
-
Motorcycle Accidents
-
Industrial Accident
-
Catastrophic Injury
-
Pedestrian Accident
-
Bicycle Accident
-
Defective Medical Device
-
Slip and Fall
-
Ride-Sharing Accidents
-
Class Action and Mass Tort
-
Uninsured Motorist Accident
-
Chemical Exposure & Lead Poisoning
-
Medical Malpractice After Car Accidents