New Orleans
Losing someone you love to another person’s negligence is never something you’re prepared for, and the weeks that follow shouldn’t be spent untangling insurance companies and legal deadlines on top of everything else.
The Voorhies Law Firm handles that burden so your family doesn’t have to carry it alone.
A wrongful death claim allows certain surviving family members to seek compensation when someone’s negligence, carelessness, or intentional conduct caused a death.
Louisiana Civil Code article 2315.2 limits who can bring this claim to a specific, ranked list of survivors:
Common examples include:
Recoverable damages typically include funeral and burial costs, the financial support the deceased would have provided, and the very real, if harder to quantify, loss of the deceased’s love, companionship, and guidance.
Louisiana significantly changed how much time families have to bring a wrongful death claim in 2025, and the details here matter.
Effective August 1, 2025, Louisiana extended the wrongful death prescriptive period, which now requires that a claim be filed within one year of the death, or two years from the date the underlying injury was sustained, whichever period is longer.
In most fatal accidents, injury and death happen close together, so this generally works out to roughly two years from the incident.
But in cases where someone is injured and survives for a significant time before passing away, the calculation of time can matter a great deal, and it’s worth discussing and having a specific date confirmed rather than assumed.
If the death resulted from medical malpractice, the dual-deadline calculation above does not apply.
Under article 2315.2(F), a wrongful death claim arising from medical malpractice must be filed within one year of the death, full stop, with no alternative two-year calculation available in this case.
In the case that an eligible beneficiary is a minor, Louisiana law may extend the filing window, though the medical malpractice exception above.
However, it likely does not receive the same extension, consistent with how Louisiana treats minors under its medical malpractice prescription statute.
Where the deceased’s own conduct contributed to the incident, Louisiana’s comparative fault framework can reduce a beneficiary’s recovery.
For incidents on or after January 1, 2026, this includes the 51% bar under Civil Code article 2323.
STEP 1
Free, confidential consultation.
Tell us what happened, with no pressure to decide anything right away.
STEP 2
Investigation.
We identify every party whose negligence may have contributed to the death and begin preserving evidence before it disappears.
STEP 3
Beneficiary and damages assessment.
We determine who is legally entitled to bring the claim and calculate the full scope of your family’s losses.
STEP 4
Demand and negotiation.
We handle every conversation with the insurance company so your family doesn’t have to.
STEP 5
Filing suit, if needed.
We litigate when a fair resolution isn’t offered, always mindful of the filing deadline that applies to your specific situation.
STEP 6
Resolution.
Your family receives the compensation and accountability you’re entitled to, whether through settlement or a verdict.
We handle wrongful death claims arising from nearly any cause of a preventable death, most commonly:
No amount of compensation replaces the person your family lost.
Our job is to make sure the responsible party is held accountable, and that your family has what it needs to move forward.
The Voorhies Law Firm has recovered over $100 million for our clients, including a $4.25 million recovery secured for a family after losing a loved one to another party’s negligence.
Results for each case may vary, and every case depends on its own specific evidence and facts.
Grief shouldn’t come with a second job of untangling insurance paperwork and legal deadlines.
Richard P. Voorhies III and the team at The Voorhies Law Firm take that entire burden on so your family can focus on each other.
We’re recognized by Super Lawyers and other legal organizations, but in a case like this, what matters is that you’re never left wondering where things stand.
You’ll hear directly from the attorney handling your case, and there’s nothing to pay unless we recover for your family.
The law follows a strict order: a surviving spouse and children first, then parents if there’s no spouse or child, then siblings, then grandparents. An attorney can quickly confirm where your family falls in that order.
Typically funeral and burial costs, the financial support your loved one would have provided, and compensation for the loss of their companionship, guidance, and love, which the law recognizes as a real, compensable loss even though it’s hard to put a number on.
As of August 1, 2025, generally one year from the date of death or two years from the date of the underlying injury, whichever is longer. If the death involved medical malpractice, the deadline is strictly one year from the date of death instead.
No. Talking with an attorney early doesn’t commit you to anything, it just makes sure evidence gets preserved and your family understands its options before any deadlines become a problem.
Nothing upfront. We handle these cases on contingency, so we only get paid if we recover for your family.
