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Who Gets the Money in a Wrongful Death Lawsuit?

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Attorney David Laborde | Attorney Digger Earles
  1. Home
  2. FAQs
  3. Who Gets the Money in a Wrongful Death Lawsuit?
On This Page
  1. Who Is Most Entitled to Compensation?
  2. What Qualifies As a Wrongful Death?
  3. What Losses does a Wrongful Death Lawsuit Cover?
  4. What Are the Possible Outcomes of a Wrongful Death Lawsuit?
  5. How Can Our Firm Help with Your Wrongful Death Lawsuit?
  6. How Much does it Cost to Hire a Lawyer for Your Wrongful Death Case?
  7. Call Laborde Earles Injury Lawyers for a Free Consultation
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I NEED HELP NOW

Your personal injury lawyer can help you calculate your recoverable damages, which may include:

  • Medical Bills
  • Income Loss
  • Property Damage
  • Pain & Suffering
  • Emotional Distress
  • Lasting Disfigurement
Who Gets the Money in a Wrongful Death Lawsuit?

CC Art. 2315.2 details who can get money from a wrongful death lawsuit in Louisiana. Potential recipients, listed by their relationship to the deceased, include:

  • A spouse
  • Children
  • Parents
  • Siblings
  • Grandparents

Unique circumstances will affect who is eligible to pursue a wrongful death action.

Who Is Most Entitled to Compensation?

CC Art. 2315.2 notes that certain loved ones have priority after a wrongful death. Specifically, the spouse and children of a loved one have the foremost priority. If the deceased had no spouse or children, then other family members may receive compensation.

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What Qualifies As a Wrongful Death?

The Legal Information Institute (LII) notes that wrongful death is:

  • Either accidental or intentional; or
  • Caused by one’s wrongful action

Negligence is generally the standard for wrongful death. Per the American Bar Association (ABA), someone is negligent when:

  • They have a duty to act reasonably.
  • Their actions or failures to act are unreasonable.
  • Their unreasonable actions cause harm, including a wrongful death.

If your loved one’s death came under these circumstances, then you may qualify to bring a wrongful death action.

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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 | Client
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What Losses does a Wrongful Death Lawsuit Cover?

A successful wrongful death lawsuit may cover:

  • The deceased’s medical expenses
  • Past and future loss of income
  • Loss of other financial protection other than income
  • Funeral expenses
  • Loss of spousal companionship
  • Loss of parental support and guidance
  • Pain and suffering
  • Legal fees for the execution of an estate
  • Any property damage related to a wrongful death

We can identify your losses by reviewing the specifics of your case.

How Much is a Wrongful Death Lawsuit Worth?

Every wrongful death case causes different damages. We cannot say for certain how much your wrongful death lawsuit is worth until:

  • We understand how your loved one’s death occurred.
  • We know how the wrongful death has affected you.
  • We calculate the value of your losses.
  • We determine the share of liability for your loved one’s death.

We will negotiate for the settlement that you deserve.

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The reassurance from Digger and his staff gave me that renewed hope that it’s going to be okay down the road.

Client
Call Us - (337) 777-7777 We are here when you need us the most

What Are the Possible Outcomes of a Wrongful Death Lawsuit?

There are generally two possible outcomes of a wrongful death lawsuit:

  • A settlement
  • A judgment

A settlement results from negotiations, while a judgment is a conclusion to a trial. Per the ABA, most civil cases (including wrongful death lawsuits) result in a settlement.

Why are Settlements the Common Result of Wrongful Death Lawsuits?

We may settle your case because:

  • A settlement provides control over your final compensation.
  • Settling is generally quicker than going to trial.
  • Going to trial comes with certain risks.
  • Going to trial can cause additional costs.

For these reasons, we fight hard for a settlement. However, we take cases to trial when we need to.

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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.

Client
Contact Us Today We will work to get you the best outcome for your case

How Can Our Firm Help with Your Wrongful Death Lawsuit?

We can explain who should get money for your wrongful death lawsuit. Our firm can also:

Pinpoint Liable Parties

We will identify any parties who contributed to your loved one’s death. This includes those who:

  1. Had a duty of care to your loved one
  2. Breached their duty of care through unreasonable behavior
  3. Caused or contributed to your loved one’s death
  4. Are responsible for the losses caused by your loved one’s death

Negligent parties may not be the only defendants in your case. We will identify anyone else who has liability. This can include employers whose employees cause wrongful death.

Handle All Legal Duties

Our firm handles the daily responsibilities of your case. This includes:

  • Creating and filing legal documents
  • Handling case-related communications
  • Gathering and organizing evidence
  • Monitoring the progress of your case in the legal system
  • Making appearances on your behalf
  • Updating you about your case

Our firm takes care of your wrongful death suit from beginning to end.

Hire Experts

Experts can be key to your wrongful death lawsuit. They may:

  • Confirm that your loved one’s death was preventable
  • Explain the technical features of your case
  • Reconstruct your loved one’s accident
  • Testify on your behalf

We deal with the hiring and payment of such experts.

Seek a Fair Financial Outcome for You

We seek fair compensation for you, whether through a settlement or judgment. We will complete settlement negotiations. If they are not successful, we will complete a trial.

How Much does it Cost to Hire a Lawyer for Your Wrongful Death Case?

You can hire our firm for a contingency fee, which means you do not pay anything up front or out of your own pocket. You pay us only if we win. At that point, we receive a percentage of your settlement or judgment.

Call Laborde Earles Injury Lawyers for a Free Consultation

Laborde Earles Injury Lawyers has recovered more than $200 million for our clients. We are on your side after your loved one’s death, and will oversee your case while you focus on your emotional recovery.

Consultations are free and come with no obligation. Call Laborde Earles Injury Lawyers today at (337) 777-7777 to complete your free case review.

Why We Are

The Best Choice For You

Over 1,000+ 5-Star Google Reviews Across Our Locations
Over $1 Billion Recovered For Our Clients
An Award-Winning Team in Your Corner
You Get the Full Team on Your Case, Including David & Digger
Communication with You is a Top Priority
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Wrongful Death FAQ:
How Are Wrongful Death Damages Calculated? How Are Wrongful Death Damages Calculated?

When a loved one's life is tragically cut short due to someone else's negligence or wrongful act, no amount of monetary compensation can ever make the surviving family whole again.  However, the

What Constitutes a Wrongful Death? What Constitutes a Wrongful Death?

A death might be considered wrongful under the law if it was caused by the fault or negligence of another person or entity. If your family member lost their life as the result of a car accident,

When Does a Person Have Grounds for a Wrongful Death Claim When Does a Person Have Grounds for a Wrongful Death Claim

When individuals sustain serious injuries as the result of someone else’s reckless, malicious, or negligent behavior, they have the right to file a personal injury lawsuit and pursue

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