When someone dies because of another party’s negligence, Louisiana law gives the deceased person’s beneficiaries the right to recover compensation for the damages they suffered. Determining how wrongful death settlements are divided among those beneficiaries can sometimes be complex.
An experienced Baton Rouge wrongful death attorney can review your wrongful death claim and explain exactly how the settlement proceeds should be divided.
At Chris Corzo Injury Attorneys, our team of wrongful death lawyers understands that no amount of money can compensate for the death of someone you love. However, we also know that recovering compensation can help ease some of the financial burdens caused by their death.
Our compassionate wrongful death attorneys will guide you through the claims process, work tirelessly to recover maximum compensation, and ensure that your settlement is divided properly.
Call our Baton Rouge wrongful death lawyers today at (225) 999-1111 or complete the short form on our contact page to schedule a free consultation to discuss your case.
Who Is Entitled to Wrongful Death Settlement Proceeds in Louisiana?
Louisiana Civil Code Article 2315.2 provides a right of action to wrongful death survivors to seek damages they sustained due to their loved one’s death.
The survivors who have the right to recover damages in a Louisiana wrongful death action include:
- The surviving spouse and children
- The surviving father and mother, if there is no spouse or child
- The surviving brothers and sisters, if there is no spouse, child, or parent surviving
- The surviving grandparents, if there is no spouse, child, parent, or sibling surviving
If there are survivors in class one, the remaining classes receive nothing. If there are no survivors in class one, the proceeds are divided among the next class entirely, and the other classes receive nothing.
Factors Affecting a Beneficiary’s Share
Wrongful death claims in Louisiana are based on the damages sustained by a survivor. Factors that may be considered when determining the amount of compensation a beneficiary receives include:
- The nature and closeness of the relationship with the decedent
- Whether the beneficiary depended on the decedent financially and to what degree
- The age of a surviving child
- Whether the parties were living together, separated, or estranged
- The duration and quality of contact with the decedent in the years prior to death
- Evidence of the emotional impact of the decedent’s death on the beneficiary
The evidence matters tremendously in wrongful death claims. An experienced wrongful death attorney in Baton Rouge can significantly impact the settlement beneficiaries recover.
Dividing Proceeds From Louisiana Wrongful Death and Survival Actions
Louisiana law recognizes two distinct causes of action after a wrongful death. The first is a wrongful death action, as outlined in Louisiana Civil Code Article 2315.2. This right of action belongs to the surviving family member and is meant to compensate them for their losses.
The losses covered in a wrongful death claim are loss of love, affection, companionship, parental guidance, financial support, and other damages that family members experience due to the death of their loved one.
The other cause of action is a survival action, outlined in Louisiana Civil Code Article 2315.1. This action is a claim for the damages the deceased person would have suffered had they survived. It covers losses such as the deceased person’s pain and suffering, mental anguish, medical expenses, lost wages, and other losses the deceased experienced due to the accident or incident before their death.
Survival action settlement proceeds are divided among the deceased person’s beneficiaries according to the class they are in. Only one class of beneficiaries is entitled to receive survival action proceeds.
When a Minor Child Is a Beneficiary
A minor child cannot receive settlement proceeds directly, and they cannot enter into a settlement agreement. Louisiana law provides for a tutorship, and the court must approve the settlement when a minor is a beneficiary.
Courts typically place the minor’s share of the settlement in a restricted account that cannot be accessed without the court’s authorization until the child becomes an adult.
When Beneficiaries Cannot Agree
Of course, the settlement division is much simpler when the beneficiaries of the surviving class agree on how to distribute the funds. However, disputes among family members are common. When they cannot agree, the beneficiaries may retain separate counsel to fight for their share.
When this happens, the court may hold a hearing to consider the evidence and decide how to divide the proceeds.
When a Beneficiary Caused the Death
As outlined in Louisiana Civil Code Article 2315.5, a spouse, parent, or child who has been convicted of intentionally killing the decedent, or who has been judicially determined to have participated in an intentional, unjustified killing, will not receive any damages.
Deadlines For Wrongful Death and Survival Claims in Louisiana
While the statute of limitations for most Louisiana personal injury claims has been extended from one year to two years, the prescriptive period for wrongful death and survival claims is one year from the date of death, or two years from the date the injury that resulted in death occurred.
If you miss your filing deadline, you will not be able to recover compensation. However, there are rare exceptions to the statute of limitations, so you should promptly consult an experienced wrongful death attorney in Baton Rouge to determine your deadline.
Consult an Experienced Baton Rouge Wrongful Death Lawyer
If your family has lost a loved one due to another party’s negligence, you should not have to figure out the wrongful death process without experienced legal representation. Chris Corzo Injury Attorneys has a proven record of recovering maximum compensation for our clients.
Our wrongful death attorneys can help you navigate the wrongful death and survival claims process and handle every detail of the settlement distribution. Call (225) 999-1111 or visit our contact page to schedule a free consultation.
Our wrongful death lawyers in Baton Rouge will listen, answer any questions you may have, and explain your options.