New Orleans Wrongful Death Lawyer

Losing someone you love is devastating, even more so when it happens because of another person’s negligence. At Daly & Black P.C., our New Orleans wrongful death lawyers fight relentlessly to help families find answers, accountability, and the compensation they deserve. We know no amount of money can make things right, but it can help ease financial burdens and bring justice to your loved one’s memory.

We handle every detail of your case so you can focus on healing. From investigating the cause to holding the responsible parties accountable, Daly & Black is ALL IN. ALL THE TIME. for your family.

Contact us today and schedule your free consultation.

Understanding the Impact of a Wrongful Death

When tragedy strikes, families are left facing not only grief but also overwhelming questions. Who’s responsible? How do you move forward financially? What are your rights under Louisiana law?

The loss of a loved one due to negligence — whether from a car crash, workplace accident, medical mistake, or defective product — is more than an accident; it’s a preventable injustice. Beyond the emotional pain, families are left to handle medical bills, lost income, and funeral expenses. Worse still, Louisiana’s laws limit how long you have to act. Waiting too long could mean losing your right to seek justice.

Common Causes of Wrongful Death

In New Orleans, wrongful death claims often arise from:

• Motor vehicle accidents caused by reckless drivers or commercial vehicle negligence.
• Medical malpractice, including surgical errors, misdiagnosis, or delayed treatment.
• Workplace accidents involving unsafe conditions or defective equipment.
• Defective products that fail due to design or manufacturing flaws.
• Premises liability incidents, such as fatal slip-and-fall or structural failures.

Each case type carries distinct investigative requirements. In some situations — such as medical negligence or a prolonged injury before death — your family may have both a wrongful death claim and a survival action. The survival action compensates for what your loved one endured before they passed: the pain they felt, the treatments they underwent, and the struggles they faced in their final days. By telling their story through the law, you honor their life and ensure that their suffering does not go unrecognized.

You shouldn’t have to bear this alone. That’s where Daly & Black steps in—to fight for your family’s future.

Understanding Wrongful Death Law in Louisiana

Louisiana’s wrongful death laws give certain family members the right to file a claim when someone’s death results from another party’s fault — such as carelessness, neglect, or misconduct.

Who Can File a Wrongful Death Claim

Under Louisiana Civil Code Article 2315.2, the following may bring a claim:

• The surviving spouse and children of the deceased
• If none, the surviving parents
• If none, the surviving siblings
• If none, the surviving grandparents

Statute of Limitations — Two-Year Prescriptive Period

As of July 1, 2024, Louisiana extended the deadline for filing wrongful death and other delictual (tort) claims from one year to two years (Article 3493.1). Families now have two years from the date of death to take legal action for incidents occurring on or after that date.

Failing to file within this period can permanently bar your claim. Our team ensures your case is filed correctly and on time.

Wrongful Death vs. Survival Action

A wrongful death claim compensates surviving family members for their losses. A survival action allows recovery for the decedent’s pain and suffering before death. Daly & Black can pursue both when appropriate.

What Types of Losses You Can Recover

A wrongful death claim seeks to provide financial stability and recognition of what’s been lost. Families may be entitled to recover:

Economic Damages:

• Medical expenses before death
• Funeral and burial costs
• Lost wages and benefits the deceased would have provided

Non-Economic Damages:

• Loss of love, guidance, and companionship
• Mental anguish and emotional distress

In certain cases involving gross negligence or reckless conduct, punitive damages may also apply. Daly & Black will aggressively pursue the full compensation your family may be entitled to under Louisiana law.

Why Choose Daly & Black as Your New Orleans Injury Lawyer?

Choosing the right attorney can make all the difference in a personal injury case. At Daly & Black, we blend strategic preparation with relentless advocacy to give our clients a competitive edge. 

Strategic, Trial-Ready Representation

We approach each case as if it will be tried in court. This readiness signals to opposing parties that we are serious about securing a favorable outcome, often leading to stronger negotiations and better results.

Clear and Consistent Communication

We believe clients should never feel out of the loop. Our team makes it a priority to explain each stage of your case, answer your questions promptly, and provide regular updates so you can make informed decisions with confidence.

Proven Reputation

Our firm has earned national recognition, including recognition of our attorneys by Super Lawyers and serial nominee and one-time winner of Insurance Litigation Firm of the Year. These accolades reflect both our dedication to excellence and our history of achieving meaningful results for clients in and out of the courtroom.

Frequently Asked Questions

Who can file a wrongful death claim in Louisiana?Spouses, children, parents, siblings, or grandparents—depending on who survives—may have the right to file.

How long do I have to file a wrongful death claim?Two years for incidents on or after July 1, 2024, under Article 3493.1; one year for earlier cases.

What damages can families recover?Economic (financial) and non-economic (emotional) losses such as funeral costs, lost income, and loss of companionship.

Do I have to go to trial?Not always. Many cases settle through negotiation, but if insurers refuse a fair offer, Daly & Black is ready for court.

How does Daly & Black handle wrongful death cases?We combine empathy with litigation experience—investigating thoroughly, communicating clearly, and fighting relentlessly for every client.

Ready to Talk? Contact Daly & Black Now

You’ve endured the unimaginable. Now it’s time to hold those responsible accountable. Speak with a New Orleans wrongful death lawyer who will go ALL IN. ALL THE TIME. for your family.

Schedule your FREE consultation now.