The average wrongful death settlement depends on a wide array of factors, including case specifics, incurred expenses, and intangible losses. As a result, it is difficult to establish an average dollar amount.
However, more importantly, you should know what a fair and just settlement might look like based on the facts of your case. This knowledge will help you avoid settling for less than you deserve, and a Lafayette wrongful death lawyer can help you understand what you’re owed.
What Contributes to the Potential Value of a Wrongful Death Settlement in Louisiana?
There is no such thing as an “average” wrongful death settlement because each case is different. However, several factors can individually contribute to the value of a settlement based on a wrongful death claim.
The Facts of Your Wrongful Death Case
The details of what happened and the strength of the evidence against the at-fault party are important when it comes to determining the potential value of a wrongful death case.
A strong case against someone who acted recklessly or intentionally will likely bring more money your way. It can also support additional compensatory damages, such as punitive damages.
Ultimately, your chances of winning a wrongful death suit depend on the strength of your evidence.
The Value of Your Incurred Expenses
The money your family had to pay because of your loved one’s death is generally recoverable as long as you have receipts, bills, or other documentation as supporting evidence. This includes almost anything you paid or will need to pay in relation to your loved one’s death.
Your Family’s Current and Future Losses
You can also seek compensation for the financial losses your family will experience as a result of your loved one’s death. This includes the loss of your loved one’s income and the costs related to hiring someone to complete the services they previously handled.
More specific examples include childcare and household upkeep. You will likely receive a higher settlement amount if your loved one had a higher education, training, and income level, though it depends on the exact details of your case.
The Intangible Damages You’ve Suffered
Losing a loved one is much more than economic hardship. Each member of your family suffered intangible losses as well.
You can seek damages based on the loss of companionship, consortium, and parental guidance in the aftermath of losing your loved one. As your Lafayette personal injury lawyer, we can help you put a value on these damages.
Laborde Earles injury was great for me they took care of me very fast and professional. If for any reason I need legal help they will be who I use.
ClientHow Louisiana’s Comparative Negligence Law Relates to Wrongful Death Claims
Louisiana’s pure comparative negligence law compares the victim’s degree of fault to that of the other party. The plaintiff—or the deceased victim’s surviving loved ones—can recover damages if the decedent is not 100% at fault.
However, if the victim contributed to the accident that led to their death, the recoverable damages would likely decrease according to the percentage of fault they hold.
I thank God for Digger & David. I don’t know what we would have done if it hadn’t have been for them.
Rick Smith | ClientHow a Wrongful Death Attorney in Lafayette Can Help Estimate the Value of Your Claim
When you work with a lawyer from our firm to pursue wrongful death damages, we can help you collect the evidence you need to determine a fair settlement value for the claim. This could include:
- Receipts for your loved one’s burial expenses
- Any outstanding medical expenses
- Documentation of your reduced household income
- Proof that future economic losses are pending
- Invoices usually handled by your deceased loved one
We can also put a value on the intangible losses that you’ve suffered. By applying a just value range on your claim before settlement negotiations begin, we can help you better understand when you should accept an offer and how to counter-offer.
This is why no “calculator” exists for cases involving tragic loss. Unless you know how much your case is worth based on an analysis of the unique losses and expenses you incurred, there is no way to know if a settlement offer appropriately compensates your family.
The reassurance from Digger and his staff gave me that renewed hope that it’s going to be okay down the road.
ClientWhat Is a Wrongful Death Action, and How Does It Compare to a Survival Action in Louisiana?
Our wrongful death attorneys in Lafayette can help families like yours who have lost loved ones. We’re ready and willing to review your case for free. From there, we can offer legal guidance regarding your next steps.
The following family members can usually pursue a wrongful death or a survival action:
- Spouse and child
- Parents
- Siblings
- Grandparents
In general, if you can show that your loved one died because of another party’s negligence, you might be eligible to recover monetary damages through two primary means, including a wrongful death action or a survival action. Let’s look at how they compare.
Wrongful Death Action
You and your surviving family members can claim compensation for your loss when your loved one dies due to someone else’s fault. Wrongful death action claims focus on how the death impacted the surviving loved ones.
Damages you could recover include funeral expenses, the loss of companionship, and financial support.
Survival Action
On the other hand, surviving family members may be able to recover the decedent’s pre-death damages. This includes financial losses your loved one could have pursued if they had lived. In this case, recoverable damages include the costs of medical care and property damage.
They treated us like no other people would. Whenever we needed something they were there for us. I put my trust in them and I don’t regret it.
ClientCan an Attorney Help You File a Wrongful Death Lawsuit Before the Statute of Limitations Expires?
Generally speaking, the statute of limitations in wrongful death cases is one year. Known as a prescription period in Louisiana, it’s very important to take legal action before this 12-month deadline expires.
Regardless of whether you wish to pursue a wrongful death action or a survival action, you have one year from the date of your loved one’s death to take legal action. Exceptions to this statute could extend or reduce your time, though not all cases are eligible for exceptions.
That’s why we encourage you to reach out to our wrongful death law firm for help as soon as possible. When you contact us, we can explore your legal options and let you know how much time you have.
What Are the Chances of Winning a Wrongful Death Suit?
While it is impossible to predict the outcome of any lawsuit with certainty, a wrongful death suit can offer a way to seek justice and receive compensation for your loss. Ample evidence that supports your case will increase your chances of winning a wrongful death lawsuit.
Our lawyers can help you collect evidence to prove the extent of your losses. Moreover, we can also estimate the future impact of not having your loved one in your life. We will then use all this information to work toward obtaining maximum compensation on your behalf.
How Much Does a Wrongful Death Lawyer Cost?
Our attorneys can handle settlement negotiations and lawsuits on a contingency basis. This means your financial situation will not interfere with or influence your ability to seek justice because you won’t have to pay anything upfront to start your case.
Once we win compensation in your case, you will receive a lump-sum payment that represents your losses. Our attorneys will take a percentage of this payment to cover the cost of our services, so you never have to pay for our help out-of-pocket.
What Types of Damages Can Be Recovered in a Wrongful Death Lawsuit?
In a Louisiana wrongful death lawsuit, surviving family members can seek various damages, which are generally categorized as economic, non-economic, and—in some cases—punitive. Economic damages include tangible financial losses:
- Medical bills incurred before death
- Funeral and burial expenses
- Lost wages or benefits the deceased would have earned
These financial losses can be significant, especially if the deceased was a primary provider for the family, so it’s important to calculate them accurately. Non-economic damages, while harder to quantify, are just as important. Here’s what they often include compensation for:
- The emotional and psychological impact of losing a loved one
- Loss of companionship, guidance, love, and support
- Grief and suffering experienced by surviving family members
Courts often recognize that these non-monetary losses deserve compensation just as much as monetary ones. In certain cases, punitive damages may also be available. These damages are not meant to compensate the family for a specific loss.
Rather, they intend to punish the at-fault party for particularly reckless or intentional misconduct. For example, if the wrongful death resulted from a drunk driving accident or gross medical negligence, punitive damages might be awarded to deter similar future behavior.
How Long Does It Take to Settle a Wrongful Death Case?
The time it takes to settle a wrongful death case varies widely depending on several factors, including the details of the case and the willingness of the at-fault party to negotiate. Whether or not the case goes to trial will also influence the timeline of the case.
Some wrongful death claims are resolved within a few months, especially if liability is clear and both parties are open to a fair settlement. However, more complicated cases—especially those involving disputed liability or extensive damages—may take a year or longer to settle.
The investigation and negotiation processes can influence the duration of a wrongful death case from beginning to end. If a settlement cannot be reached through negotiations, the case may proceed to trial, which will almost always end up extending the timeline.
What Happens if the At-Fault Party Does Not Have Insurance?
If the at-fault party in a wrongful death case does not have insurance, recovering compensation can be more challenging, but it is not impossible. One option that you might be eligible to pursue is filing a lawsuit directly against the responsible party’s personal assets.
If they have substantial assets—such as real estate, business holdings, or savings—then the court might order them to pay damages to your family. However, if the at-fault party does not have significant assets, collecting compensation through this route can be difficult.
Another potential option is seeking compensation through uninsured or underinsured motorist (UM/UIM) coverage if the wrongful death resulted from a car accident. Many drivers carry this type of coverage as part of their auto insurance policies, which can help cover damages.
Can a Criminal Case Affect a Wrongful Death Lawsuit?
Yes—a criminal case can impact a wrongful death lawsuit, but it is important to understand that they are separate legal proceedings. For starters, a wrongful death lawsuit is a civil case, meaning it focuses on recovering financial compensation for the surviving family members.
Meanwhile, in contrast, a criminal case—such as circumstances in which someone’s death was caused by manslaughter or homicide—is prosecuted by the state. Matters like these can result in penalties such as fines, probation, or imprisonment for the at-fault party.
That said, a criminal conviction can strengthen a wrongful death claim if it provides clear evidence of wrongdoing. For instance, if a defendant is convicted of DUI manslaughter, this conviction can be used as strong evidence of negligence in the civil case.
Contact Our Wrongful Death Law Firm in Lafayette to Learn More
While no amount of compensation can bring your loved one back or undo the damage that was done, our Lafayette wrongful death attorneys have what it takes to pursue legal action against those responsible. We’re here to help you achieve financial stability and a sense of closure.
At Laborde Earles, we have over 350 years of combined personal injury experience. We’ve been helping people like you since 1995, and in that time, we have recovered over $1 billion in compensation.
With us on your side, you can trust that professionals are advocating for your rights and are willing to explain the legal process every step of the way. We offer no-obligation consultations as well, meaning you can meet with us at no cost to you. Contact us today to get started.
