How is Compensation Calculated in a Wrongful Death Lawsuit in Louisiana?

October 31, 2024

How is Compensation Calculated in a Wrongful Death Lawsuit in Louisiana?

Losing a loved one due to another's negligence or misconduct is devastating, and pursuing a wrongful death claim can provide financial relief and justice for surviving family members. In Louisiana, wrongful death lawsuits seek to compensate those left behind for their losses, but understanding how compensation is calculated is essential. At Schmolke Law Firm, we guide Baton Rouge families through the complexities of wrongful death claims and help them pursue fair compensation.


Who Can File a Wrongful Death Lawsuit in Louisiana?


Before discussing compensation, it's important to know who is eligible to file a wrongful death claim in Louisiana. The state allows the following individuals to file:

  • Spouse and Children: If the deceased was married or had children, they are first in line to pursue a claim.
  • Parents: If there is no spouse or child, the parents of the deceased can file.
  • Siblings: If no spouse, children, or parents survive, siblings may be eligible.
  • Grandparents: If no other close relatives exist, grandparents may have the right to file.


Types of Compensation in Wrongful Death Cases


Compensation in a wrongful death lawsuit is designed to cover both economic and non-economic damages. Here's how these are calculated:


1. Economic Damages


Economic damages are measurable financial losses incurred due to the wrongful death. They may include:

  • Medical Expenses: Any medical bills related to the treatment of the deceased before their passing.
  • Funeral and Burial Costs: The cost of arranging and holding a funeral or memorial service.
  • Loss of Financial Support: Calculated based on the income the deceased would have contributed to the family, including future earnings and benefits.
  • Loss of Household Services: The value of services the deceased provided, such as childcare or home maintenance.


2. Non-Economic Damages


Non-economic damages are more subjective and cover the emotional and psychological impact on surviving family members. These may include:

  • Loss of Companionship and Love: Compensation for the emotional pain and loss experienced by close family members.
  • Loss of Guidance: For children, this includes the loss of parental instruction and nurturing.
  • Pain and Suffering: If the deceased experienced pain and suffering before their death, this can be factored into the compensation.


Factors That Influence Compensation Amounts


Several factors can affect the final amount awarded in a wrongful death case:

  • Age and Health of the Deceased: Younger individuals or those in good health typically have higher potential future earnings, impacting the loss of financial support calculation.
  • Dependents: The number and ages of dependents can affect the compensation amount, as younger children may be entitled to longer-term support.
  • Relationship to the Deceased: The closer the relationship, the greater the potential compensation for non-economic damages like loss of companionship.


How Schmolke Law Firm Can Help


Calculating compensation in a wrongful death lawsuit requires careful evaluation and expertise. At Schmolke Law Firm, we help Baton Rouge families understand their rights and navigate the legal process with compassion and dedication. We work tirelessly to build strong cases and pursue maximum compensation to support your family during a difficult time.

If you have lost a loved one due to someone else's negligence, contact Schmolke Law Firm today for guidance and support in your wrongful death claim.

Woman in white coat, stethoscope around neck, smiling with arms crossed, in a hallway.
February 20, 2026
Learn why medical documentation is crucial in a Louisiana personal injury case. Schmolke Law Firm helps Baton Rouge clients protect their rights and strengthen their claims.
Gavel on a wooden block, likely in a courtroom setting, emphasizing justice and judgment.
January 31, 2026
Learn the statute of limitations for premises liability cases in Louisiana, including slip and fall claims. Find out why the one-year deadline matters for Baton Rouge injury victims.
Close-up of US coins: a copper penny and a silver quarter with the word
December 14, 2025
Learn how personal injury settlements are calculated in Louisiana. Schmolke Law Firm helps Baton Rouge residents understand what factors—like medical bills, lost wages, and fault—affect their case value.
Scales of justice with a gavel on a wooden table, near a window.
November 14, 2025
Learn how Louisiana law defines negligence and what it takes to prove fault in a personal injury case. Schmolke Law Firm helps Baton Rouge residents recover compensation for injuries caused by negligence.
Bellhop in uniform stands behind a golden luggage cart in a hallway with peach walls.
October 13, 2025
Injured at a hotel or resort in Baton Rouge? Learn how Louisiana premises liability laws protect guests and how Schmolke Law Firm can help you recover compensation.
Two men are shaking hands in an office.
September 11, 2025
Injured in Louisiana? You have just one year to file a personal injury lawsuit. Learn your legal options and how Schmolke Law Firm helps Baton Rouge residents act before time runs out.
A judge 's gavel is sitting on a wooden table next to a person writing on a piece of paper.
August 11, 2025
Hurt by a faulty airbag? Learn how a defective airbag can worsen injuries and how Schmolke Law Firm helps Baton Rouge residents pursue product liability claims for compensation.
A scale of justice is sitting on a wooden table next to a gavel.
July 10, 2025
Learn how wrongful death claims work in Louisiana and how Schmolke Law Firm helps Baton Rouge families pursue justice and compensation after a fatal accident.
A person is holding a cell phone with a picture of cars on the screen.
June 22, 2025
Injured in a Baton Rouge Uber or Lyft accident? Learn your legal options and how Schmolke Law Firm can help you navigate insurance claims and recover compensation.
A scale of justice and a judge 's gavel are on a wooden table.
May 22, 2025
Expert witnesses can make or break a personal injury case. Learn how Schmolke Law Firm in Baton Rouge uses expert testimony to support injury claims and secure fair compensation.