Kenny Habetz Injury Law | July 11, 2025 | Personal Injury
Losing someone you love is one of life’s most painful experiences. When that loss is caused by another person’s carelessness, Louisiana law allows surviving family members to file a wrongful death lawsuit. One of the most common concerns after a tragedy like this is how much money can be recovered in a wrongful death settlement. While no two cases are the same, understanding the average wrongful death settlement can help you know what to expect.
Many factors can affect a settlement, including the person’s age, income, and how the loss has affected their family.
The Range of the Average Wrongful Death Settlement
While the average wrongful death settlement may fall around $500,000 to $1 million, many cases fall outside this range. Some settle for much less, while others (especially those involving corporate wrongdoing, medical malpractice, or high-earning victims) settle for several million dollars.
Because so many factors affect the value of a claim, there’s no way to provide an exact number. Instead, it’s more useful to understand the key elements that increase or decrease a case’s value.
What Factors Influence Wrongful Death Settlements?
There is no fixed amount for a wrongful death lawsuit. Every case depends on the facts and the losses involved.
Some of the most critical factors that can influence settlement amounts include:
- Income and earning potential: A higher income can lead to a larger claim for lost financial support.
- Medical and funeral costs: Bills for care before death and burial expenses are usually included.
- Emotional harm: Surviving spouses, children, and parents may receive compensation for grief and loss of companionship.
- Age and health of the deceased: The death of a younger victim may result in a higher settlement due to a longer period of lost earning years.
- Negligence or fault: Clear proof of negligence strengthens a case, and severe misconduct can result in higher settlements.
These factors shape the total settlement amount. Insurance policy limits also matter, as insurers may only pay up to a set amount unless additional assets are available.
Deadlines and Fault Rules for Wrongful Death Cases
In Louisiana, wrongful death claims are controlled by state law. The law allows certain family members to file a claim if their loved one dies due to someone else’s fault. This includes spouses, children, parents, siblings, and grandparents, in that order.
Louisiana uses a pure comparative fault system. That means settlement amounts can be reduced by the percentage of fault assigned to the deceased. For example, if the victim was 20% at fault in a car accident, the settlement would be reduced by 20%.
Louisiana also has a very short deadline to file. You only have one year from the date of death to bring a wrongful death lawsuit under the statute of limitations. This is much shorter than in many other states.
Types of Damages Available
When calculating the average wrongful death settlement, courts and insurers consider both economic and non-economic damages. This means both financial losses and emotional impact.
Some of the common categories include:
- Loss of financial support: income, benefits, and other earnings the person would have provided
- Loss of services: expenses for childcare, home maintenance, or caregiving
- Medical bills: costs of emergency care or treatment before death
- Funeral and burial costs: reasonable expenses for final arrangements
- Loss of love and companionship: the emotional impact on family members
- Mental anguish: grief and suffering caused by the loss
These damages aim to reflect the total loss experienced by the family. They are about more than just money and account for the person’s full role in their lives.
What Are the Chances of Winning a Wrongful Death Lawsuit?
The chances of winning a wrongful death lawsuit depend on how strong the evidence is. To succeed, the family must show that the death was caused by another person or company’s negligence.
This involves:
- Proving a legal duty existed (like a driver’s duty to follow traffic laws)
- Showing that the defendant failed to meet that duty
- Demonstrating that their breach caused your loved one’s death
- Documenting the resulting damages
Strong evidence, such as police reports, medical records, eyewitness accounts, or expert testimony, can improve the odds of success. Showing a pattern of dangerous behavior or past complaints can also help.
Contact a Crowley Wrongful Death Lawyer at Kenny Habetz Injury Law for a Free Consultation
In Louisiana, wrongful death compensation depends on several factors, including the state’s strict one-year filing deadline and its pure comparative fault rules, which can reduce or increase the final recovery. Because no two cases are the same, it’s crucial to move quickly and work with a lawyer who knows how to navigate these complex claims. The right legal support can make a significant difference in securing the financial recovery your family needs.
Contact Kenny Habetz Injury Law to schedule a free consultation with a Crowley wrongful death lawyer.
If you’ve been injured in Louisiana, please call Kenny Habetz Injury Law for a free case evaluation with a Louisiana personal injury lawyer or contact us online. We have offices in Lafayette and Crowley, LA.
Kenny Habetz Injury Law – Lafayette
110 E Kaliste Saloom Rd Ste 101 Lafayette, LA 70508
(337) 399-9000
Kenny Habetz Injury Law – Crowley
604 S Parkerson Ave. Crowley, LA 70526
(337) 329-8883
