The average wrongful death settlement varies widely, but it often reflects the financial and emotional losses suffered by surviving family members. In Louisiana, wrongful death claims are governed by specific statutes that outline who may file a claim.
These laws also state which damages can be recovered and how settlements are calculated. While it’s difficult to assign an exact figure to an average wrongful death settlement due to the wide range of case-specific factors, it can help to understand how settlements are calculated.
It’s important to reach out to a personal injury lawyer in New Orleans to learn more about what influences the payout amount. Legal counsel can also offer clarity in your case and explain how wrongful death claims are handled under Louisiana state laws.
Understanding Louisiana’s Wrongful Death Statute
Louisiana law allows specific family members of a deceased person to recover damages when their loved one’s death was caused by the fault of another.
This is a list of eligible claimants in order of preference:
- The surviving spouse and children
- The surviving father and mother, if there are no spouses or children
- The surviving siblings, if there are no parents, spouse, or children
- The surviving grandparents, if no closer relatives exist
These individuals may file a civil lawsuit to recover monetary damages that compensate for both economic and non-economic losses resulting from the wrongful death. In Louisiana, a wrongful death claim must be filed within one year of the date of death. If the claim is not filed on time, it is likely to be dismissed, regardless of the case’s merits.
How Wrongful Death Settlements Are Calculated
There is no fixed formula for calculating a wrongful death settlement. However, settlements are generally based on the types and extent of losses suffered by the eligible family members.
The total amount can range from tens of thousands to millions of dollars, depending on several factors:
- The deceased person’s age, health, and life expectancy
- The decedent’s income and earning capacity
- The degree of financial dependence of survivors
- Funeral and burial costs
- Medical expenses prior to death
- The emotional and psychological suffering of surviving family members
A wrongful death settlement seeks to provide fair compensation for the tangible and intangible losses associated with the person’s death. These damages can be broken down into specific categories, namely economic and non-economic.
Economic Damages in Wrongful Death Cases
Economic damages represent the financial impact of the deceased person’s death. These damages can often be estimated using documentation such as pay stubs, tax records, medical bills, and funeral costs.
Let’s take a look at common components of economic damages in Louisiana wrongful death settlements.
Lost Income and Earning Potential
If the deceased person was the primary wage earner, survivors may recover the income the individual would have earned throughout their expected working life. This includes:
- Salary or hourly wages
- Bonuses
- Pensions
- Health insurance benefits
- Other employment-related compensation
In calculating these damages, several variables are considered, such as the decedent’s age at the time of death, level of education, career path, work history, and opportunities for future advancement.
Medical Expenses Prior to Death
When a person suffers injuries that eventually lead to death, the medical expenses incurred from the time of injury until the time of death can be included in a wrongful death settlement.
This may include ambulance services, emergency treatment, hospitalization, surgeries, medications, and other life-saving efforts. These costs are typically supported by hospital records and billing statements and are reimbursable under Louisiana’s wrongful death statute.
Funeral and Burial Costs
Reasonable funeral and burial expenses are also considered compensable economic damages. These can include the cost of the funeral service, casket or urn, burial plot, transportation of the body, and related memorial expenses.
Non-Economic Damages in Wrongful Death Settlements
Non-economic damages are more subjective and compensate for the emotional and psychological toll caused by the loss. In Louisiana, non-economic damages may be awarded to eligible family members for the following damages.
Loss of Love, Companionship, and Support
Surviving family members may receive compensation for the loss of emotional support, guidance, and companionship the deceased person would have provided. This is particularly significant for spouses and children.
Pain and Suffering of Survivors
“Pain and suffering” includes the mental anguish, emotional distress, and grief experienced by loved ones due to the untimely death. While difficult to quantify, these damages are often a major part of the overall settlement.
Loss of Consortium
Loss of consortium refers to the deprivation of the benefits of a familial relationship, including affection, comfort, society, and sexual relations. Spouses, and sometimes children or parents, may be eligible for this form of compensation in Louisiana wrongful death claims.
Contact Our Wrongful Death Law Firm in New Orleans Today for More Information
If you’ve lost someone you love due to another party’s negligence, we know no settlement amount can truly make up for what you’ve lost. Even so, you don’t have to carry the legal and financial burden of this tragedy all alone.
Instead, let our New Orleans wrongful death attorneys help you. We are committed to seeking justice for families like yours, and we want to help you recover the compensation you’re entitled to as the surviving loved ones. Remember—you don’t have to face this process on your own.
Since 1993, we’ve recovered millions in compensation for personal injury victims just like you. The sooner you contact us, the sooner we can start holding the responsible parties accountable.