When a family loses someone because of another person's negligence or recklessness, the days that follow are often filled with grief, unanswered questions, and mounting bills. At Frischhertz & Impastato, our New Orleans wrongful death attorneys help surviving family members understand their legal options and pursue the compensation available to them under Louisiana law.
With more than 85 years of collective legal experience and over $700 million recovered for our clients, we bring powerful representation to families in their time of need.
Call (504) 276-6962 today for a free consultation. We are here to listen, answer your questions, and help you understand what's next.
Under Louisiana law, a wrongful death claim arises when a person dies because of the fault of another individual, company, or entity (La. Civ. Code art. 2315.2). That fault can stem from negligence, such as a distracted driver causing a fatal crash, or from reckless or intentional conduct. Unlike a criminal case, which punishes the wrongdoer, a wrongful death lawsuit is a civil action meant to compensate the surviving family for their own losses.
Louisiana law limits who may bring a wrongful death claim to a specific list of family members, in a set order of priority:
The surviving spouse and children of the deceased
The surviving parents, if the deceased left no spouse or children
Surviving siblings, if there is no spouse, child, or parent
Surviving grandparents, if no closer relative survived
Only one class of beneficiaries may recover at a time, and the right to file moves down the list only when no one in the class above survived the deceased.
Wrongful Death Vs. Survival Actions
Many families are surprised to learn that Louisiana recognizes two related, but separate, causes of action after a fatal accident. A wrongful death claim compensates surviving family members for losses they personally suffered, such as lost companionship and financial support. A survival action (La. Civ. Code art. 2315.1) instead compensates for the harm the deceased endured between the injury and death, including pain, suffering, and medical costs.
In many cases, our attorneys pursue both actions together on behalf of a family.
What Compensation May Cover
While every case is different, a wrongful death claim in New Orleans may cover:
Loss of love, affection, and companionship
Loss of financial support and future income
Loss of household services and parental guidance
Medical bills incurred before death
Funeral and burial expenses
Physical pain and mental anguish the deceased experienced before passing
Louisiana's Deadline for Filing a Claim
Louisiana law sets strict deadlines, known as prescriptive periods, for filing a wrongful death or survival action. Both claims prescribe one year from the date of death or two years from the date the underlying injury occurred, whichever period is longer. Missing this deadline generally bars a family from recovering compensation altogether, which is why we encourage families to speak with a local wrongful death lawyer in New Orleans as soon as possible after a loss.
How New Fault Rules Could Affect Your Case
Effective January 1, 2026, Louisiana adopted a modified comparative fault system under a revised civil code article (La. Civ. Code art. 2323). Previously, a surviving family member could recover reduced damages even if their loved one was found mostly at fault for the accident. Now, if the deceased is found to be 51 percent or more at fault, the family cannot recover any damages. Insurance companies are well aware of this change, and they may attempt to use it to shift blame onto accident victims to avoid paying fair compensation. Building a strong case early, before evidence disappears and memories fade, helps protect a family's right to recovery.
A Team Approach Built on Decades of Experience
Our attorneys bring a combined 85+ years of experience to wrongful death cases involving car accidents, workplace injuries, medical negligence, and more. When a family works with Frischhertz & Impastato, they are not assigned to a single lawyer working alone. Our attorneys collaborate on every case, drawing on varied backgrounds in litigation, negotiation, and trial work. We have recovered more than $700 million for injured clients and grieving families, often by taking on large corporations, employers, and insurance companies that would rather settle quietly than face us in court. We prepare every wrongful death case as though it will go to trial, because that level of preparation often shapes how a case is negotiated and, if needed, argued in court.
Losing someone you love is never something you should have to face alone, especially while managing the legal and financial fallout. Contact Frischhertz & Impastato at (504) 276-6962 for a free consultation. There is no fee unless we recover compensation for your family.
A compilation of the Frischhertz & Impastato attorneys and staff at work and interacting with clients.
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