Many factors contribute to determining the value of a wrongful death settlement, and no two accident cases are the same. For this reason, it is difficult to calculate an average settlement in a Louisiana wrongful death claim.
What is important is that you 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. While a settlement can range from $500,000 to around $1 million, the details of your case will determine what you can recover.
Our team will help you understand the value of your case and fight for fair compensation from the party responsible. Contact our law firm for a free case review today.
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 contribute to the value of a settlement based on a wrongful death claim. These include:
The Facts of Your Wrongful Death Case
The details of what happened and the strength of the evidence against the at-fault party are crucial to the potential value of a wrongful death case.
A strong case against someone who acted recklessly or intentionally will likely bring more money and could support additional compensatory damages, such as punitive damages. 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, such as funeral costs and outstanding medical bills.
Your Family’s Current and Future Losses
You will also seek compensation for the financial losses your family will experience. This includes the loss of your loved one’s income and the costs related to hiring someone to complete the services they previously handled. 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. This is because, had they lived, your loved one would have earned more money throughout their life span.
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. A personal injury attorney from our team will help you put a value on them.
How 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 (the deceased victim’s surviving loved ones) can recover damages if the decedent is not 100% at fault.
If the victim contributed to the accident that led to their death, the recoverable damages would decrease according to the percentage of their fault.
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Our Wrongful Death Case Resolutions
While we can’t calculate your potential settlement amount without a thorough case review, you can understand what’s possible with our previous verdicts and settlements.
For two of our bereaved clients, we won:
- $23,000,000 in a wrongful death case for the loss of a mother
- $500,000 for a death resulting from medical negligence
While there is no universal cap on wrongful death settlement amounts in Louisiana, the state limits on medical malpractice damages extend to wrongful death claims due to medical negligence. Thus, under Louisiana, Revised Statutes Title 40, § 1231.2, recoverable damages shall not exceed $500.000.
We have experience advocating for families who have lost loved ones. We hope you’ll allow us to fight for your family to receive compensation that may relieve some of your financial burdens.
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A Wrongful Death Attorney Will Help Estimate the Value of Your Claim
When you work with a lawyer from our firm to pursue wrongful death damages, they will help you collect the evidence necessary 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 and future economic losses
- Invoices or other proof of necessary services usually handled by your deceased loved one
They will also put a value on the intangible losses suffered. Putting a just value range on your claim before settlement negotiations begin will allow you to understand better 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.
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What Is a Wrongful Death Action vs. Survival Action in Louisiana?
Our wrongful death attorneys help families who have lost loved ones in Louisiana. We can review your case for free and offer guidance on the next steps.
The following family members can 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 may recover monetary damages through:
Wrongful Death Action
Under CC Art. 2315.2, you and your surviving family members can claim compensation for their 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
CC Art. 2315.1 states that surviving family members may recover the decedent’s pre-death damages. This includes financial losses your loved one could have pursued if they had lived. In addition, recoverable damages include the cost of medical care and property damage.
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An Attorney Can Help You File a Wrongful Death Lawsuit Before the Deadline
Generally, there is a one-year deadline for this type of legal action under CC Art. 3492 in Louisiana. Therefore, regardless of whether you wish to pursue a wrongful death action or a survival action, you have one year from the date of death to take legal action.
Exceptions to this statute could extend or reduce your time. Therefore, we encourage you to seek help as soon as possible to discuss your options.
Not meeting the deadline would lead to a case dismissal, and you may no longer recover compensation. The sooner you contact our wrongful death lawyers, the more time we will have to build a strong case for you.
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 compensation for your loss. Having ample evidence to support your case will increase your chances of winning a wrongful death lawsuit.
Our lawyers will help collect evidence to prove the extent of your losses. Moreover, we will also estimate the future impact of not having your loved one in your life. We will then use all this information to secure maximum compensation.
How Much Does a Wrongful Death Lawyer Cost?
Our attorneys also handle settlement negotiations and lawsuits on contingency, so your financial situation will not interfere with your ability to seek justice. You should not have to pay anything upfront to start your case.
Once we win, 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 pay for our help out-of-pocket.
Talk to the Wrongful Death Attorneys at Laborde Earles for Free Today
While no amount of compensation can bring your loved one back, a successful lawsuit can provide financial stability and a sense of closure. With the right legal guidance and a compassionate approach, you can navigate the legal process to financial recovery.
The Laborde Earles team has someone standing by to discuss your loved one’s death and your legal options for free. We provide complimentary legal consultations so you can get answers to your questions, learn about your rights, and discuss our services. Contact us today to get started.
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