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Who Gets Compensation in a Wrongful Death Lawsuit?

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In a wrongful death lawsuit, once the determination is made by the court that the person who died was the victim of wrongful death, compensation may be awarded to the surviving family members. CC Art. 2315.2 states that depending on the situation, surviving family members include: 

  • Spouse
  • Children
  • Parents
  • Siblings
  • Grandparents

What Is A Wrongful Death Lawsuit?

Wrongful death is a legal term used to describe a condition where a person’s death is caused by another party’s misconduct. Wrongful death claims can arise from many different circumstances. This includes but is not limited to motor vehicle accidents, medical malpractice, defective products, workplace accidents, and criminal acts. If you have lost a loved one due to the negligence of others, talk to our wrongful death attorneys to discuss your legal options.

What Qualifies As 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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Other FAQs

Statue of Limitations


Each state has a law called a “statute of limitations” that dictates how long survivors have to file a wrongful death lawsuit. The statute of limitations that applies to wrongful death claims in Louisiana gives surviving family members one year from the date of the death to file a wrongful death suit. If the lawsuit is not filed within this one-year period, the family will almost certainly lose the right to file it at all.

Who Gets Compensation in a Wrongful Death Lawsuit FAQ

Craig Davis and his staff have recovered millions in wrongful death lawsuits over the last 30 years. If you have any questions about whether or not you have a legit wrongful death case, we invite you to give our office a call. We never charge a fee unless we win, and all case evaluations are free. 

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Consult With A Personal Injury Lawyer Today

For over 30 years, Craig and his team have helped thousands of personal injury victims pursue compensation for damages owed to them. We are dedicated to providing competent, compassionate legal support and giving you and your family the personalized attention you deserve. Our lawyers are committed to fighting for your rights and helping you recover maximum compensation for your injuries and losses. Give us a call today. Our conversations are always free, and you don’t pay anything unless we win your case!

How Is Death Compensation Calculated?

Death compensation, also known as wrongful death damages, is a type of financial compensation paid to the surviving family of a person who died due to someone else’s negligence or misconduct.

The specific calculation of death compensation can vary based on the jurisdiction and the circumstances of the case. Some general factors that may be considered include:

  • The age and health of the deceased person. A younger, healthier person may have a higher earning potential and more years of life left, which could result in a larger compensation award once lost wages are calculated.
  • The deceased person’s training, education, and earning capacity. The compensation may be calculated based on the deceased person’s income at the time of their death, as well as projected future earnings based on their training and experience.
  • Value of lost benefits (health insurance, pensions). If the deceased person was the source of the family’s health insurance, the surviving family members may now be left to purchase insurance. Further, the wrongful death lawsuit should also account for that cost as well as diminished pension funds or other retirement funds.
  • Medical bills for the decedent. If the deceased person incurred medical expenses before their death, those expenses may be included in the compensation award.
  • Funeral costs. The cost of the deceased person’s funeral and burial expenses may also be factored into the compensation award.
  • Loss of companionship and support. Members of the victim’s family may be compensated for the loss of their loved one’s emotional support, guidance, and companionship that they could have otherwise received.
  • Punitive damages. In some cases, a court may award punitive damages in addition to compensatory damages. Unlike compensatory damages, which are intended to compensate for actual losses or damages, the purpose of punitive damages is to punish the at-fault party for their misconduct and to deter such misconduct from happening in the future.

How Can a Wrongful Death Lawyer Help?

A wrongful death lawyer can provide legal representation and support to members of the family who have lost a loved one due to someone else’s negligence or misconduct. A lawyer can help in the following ways:

  • Investigate the circumstances of the death: gather evidence and investigate the circumstances surrounding the death to determine whether it was caused by the negligence or wrongful actions of another party.
  • Determine liability: establishing that another party was responsible for the death of the victim. Once liability is determined, a lawyer can identify potential sources of compensation to help the family.
  • File a wrongful death lawsuit: Once a lawyer gathers the appropriate and necessary information, they can sue for wrongful death on behalf of the family seeking compensation for damages such as medical bills, funeral expenses, lost wages, and pain and suffering.
  • Negotiate with insurance companies and other parties to ensure that the family reaches a fair settlement.
  • Represent the family in court: If a wrongful death settlement is not reached and the case goes to court, a lawyer can represent the family, advocating on their behalf to secure a fair outcome.

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