Wrongful Death


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New Orleans Wrongful Death Lawyers

Aggressive caring representation when nursing home neglect or abuse in Louisiana causes your loved one to die

Every resident of a nursing home in New Orleans deserves to live as long as fully as possible. It’s never easy to learn that a family member has died, but it’s understandable when your loved one dies due to natural causes or an illness that wasn’t preventable. It’s horrifying to learn your loved one’s death was due to preventable neglect or abuse. Yet, all too often nursing homes fail to protect their residents from fatal harm. When nursing homes fail to comply with federal laws, Louisiana regulations, or standard nursing home practices – and those failures cause the death of your loved one – the nursing homes deserve to be held accountable.

At Garcia & Artigliere, our elder care and neglect lawyers are skilled wrongful death lawyers. We always respect your need to mourn your loved one. We conduct thorough investigations of what happened and then work to show your loved one’s death occurred because the nursing home allowed abuse to occur, failed to prevent falls or treat strokes in a timely manner, gave the wrong medications, allowed bedsores to become infected, or for many other types of neglect.

Our attorneys are respected in New Orleans and across America for our impressive record of high settlements and verdicts for wrongful deaths caused by nursing homes. Some of these results include the following:

  • $5.4 million dollars. Elder abuse lawyer Stephen M. Garcia persuaded a jury in Fresno California to award $5.4 million in wrongful death damages, including punitive damages, to the family of a woman who died because a nursing home ignored and failed to treat her abdominal infection. The result was among the top 10 punitive damage awards in California for the year the jury ruled in the family’s favor.
  • $1.5 million dollars. Attorney Stephen M. Garcia secured a $1.5 million wrongful death verdict for a woman’s family after the woman died due to 10 pressure sores. Many of these bedsores were infected.
  • Two other million-dollar-plus wrongful death results for $1.55 million and $1.3 million dollars.


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What types of wrongful death cases do you take?

At Garcia & Artigliere, our New Orleans wrongful death lawyers have the experience and resources to hold nursing homes accountable for elder abuse and nursing home neglect. We represent families when your loved one dies at a nursing home for any reason, including:

  • Elder abuse. Elder abuse includes physical abuse, sexual abuse, emotional abuse, and other types of abuse. We normally seek punitive damage because the abuse or the failure to prevent the abuse is especially wrong.
  • Nursing home neglect. Nursing home neglect that may be deadly includes falls, dehydration and malnutrition, wandering and elopement, bedsores, broken bones, resident-on-resident attacks, and medication errors.
  • Delayed treatment of strokes. Hospitals, nursing homes, and private caretakers need to understand the signs of stroke and help residents obtain immediate medical care. Life-saving drugs may be available – but only if the caretaker acts quickly.

Who is responsible for the wrongful death of a resident?

Nursing homes and other long-term facilities in New Orleans have a duty to comply with the federal and Louisiana laws that regulate how nursing homes should operate and how nursing homes need to protect their residents. Nursing homes also have a duty to comply with the best practices of nursing homes – the policies and procedures that quality nursing homes use to ensure abuse, neglect, and wrongful deaths do not occur. Nursing homes in New Orleans must also develop individual care plans for each resident to address the unique needs of the elderly.

At Garcia & Artigliere, our lawyers have 150+ years of combined experience fighting for seniors. We’ve obtained more than $3 billion for people nationwide. Our success is based on showing what steps the nursing home should have taken to protect your loved one, starting with the basics of legal compliance, best practices, and individualized care.

When a loved one dies due to nursing home abuse or neglect; we work with the local police, with governmental elderly organizations, with investigators and with the family members to explain why your loved one should still be alive. Our lawyers are skilled negotiators and seasoned trial lawyers.


Who can file a wrongful death claim in Louisiana?

Louisiana’s wrongful death law provides that the following people can file a claim for wrongful death damages depending on your loved one’s family relations:

  • Surviving spouse
  • Children
  • Parents
  • Brothers and sisters
  • Grandparents

What damages can be awarded in a Louisiana wrongful death claim?

Every person’s life, no matter their age, has tremendous value. Your loved one deserves to live his/her life to the fullest. The loss of your loved one before his/her time means time, love, and guidance from your loved one can no longer be provided, given, or cherished.

Wrongful death damages in Louisiana include:

  • Economic losses. Funeral and burial costs, medical expenses, lost earnings, lost benefits, and other economic losses.
  • Personal losses. The grief of the family members and the loss of emotional support, guidance, and companionship

If the conduct of the nursing home was inexcusable, our New Orleans wrongful death lawyers seek punitive damages.

What is the time limit for filing a wrongful death action against a New Orleans nursing home?

You must file your wrongful death claim within one year from the date your loved one died. It’s best to contact us immediately so we can investigate what happened and help obtain the full compensation your family deserves.  Prompt action may also help ensure other New Orleans nursing home residents are protected.

Do you have a wrongful death lawyer near me?

Garcia & Artigliere fights for families when a spouse, parent, or other relative dies in a New Orleans nursing home when his/her death could have been prevented. We’ll help you understand your rights and fight to ensure your loved one’s life is honored.

Garcia & Artigliere in Louisiana has been fighting for wrongful death victims since 1993

We understand how much you miss your loved one. We understand how angry and upset you are when you learn better care would have ensured your loved one is still alive. At Garcia & Artigliere, our New Orleans wrongful death lawyers have helped thousands of seniors and families obtain strong just recoveries. We’re skilled at showing why nursing homes, hospitals, physicians, private caretakers, and others should be held responsible for elder abuse and neglect.

Call or contact our offices now for a free, confidential case evaluation. We maintain additional offices in Long Beach, Los Angeles, New Orleans and Phoenix, and represent seniors across the United States. We only receive compensation if your case is successful. We’re ready to help you today.

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Additional services for victims of nursing home abuse in New Orleans