The value of a wrongful death claim depends on several factors, including the deceased’s income, the nature of the relationship with surviving family members, and the circumstances surrounding the death. Here is what Louisiana law allows you to recover.
Combined experience
Trial Lost in Over 20 Years
When someone dies because of another party’s negligence, surviving family members face grief and serious financial consequences. Medical bills, funeral costs, and lost income arrive before families have time to process what happened.
Understanding what your claim may be worth is the first step toward securing the compensation your family needs. Louisiana law provides several categories of recoverable damages.
At Melancon, Rimes & Daquanno, our wrongful death attorneys work directly with each family to identify every category of recoverable damages under Louisiana law. We investigate the full scope of your loss, retain qualified experts when needed, and prepare every case for trial from day one. This approach positions us to pursue the maximum value of your claim, whether through negotiation or litigation.
We have successfully secured insurance policy limits and significant recoveries for families who lost loved ones in fatal car accidents, trucking collisions, and other incidents caused by negligence. Each of our partners manages wrongful death cases personally, so your family works directly with an experienced trial attorney.
Louisiana Civil Code Article 2315.2 allows surviving family members to recover several categories of damages. The total value of a claim depends on which damages apply and how they are calculated based on your family’s specific circumstances.
The income, benefits, and financial contributions the deceased would have provided to the family over their expected lifetime.
Compensation for the loss of the relationship, affection, and emotional support the deceased provided to surviving family members.
The value of household duties, childcare, home maintenance, and other services the deceased regularly performed for the family.
Compensation for the emotional pain, grief, and psychological trauma experienced by surviving family members after the death.
Reimbursement for all medical treatment related to the fatal injury and reasonable costs of burial and funeral arrangements.
Separate from the wrongful death claim, this covers the deceased's own pain, suffering, and losses from the time of injury until death.
The combination of these damage categories determines the total value of a wrongful death claim. An experienced attorney can identify every applicable category for your family.
Wrongful death cases require both legal knowledge and genuine compassion. At Melancon, Rimes & Daquanno, each partner personally manages wrongful death cases, providing direct attention and experienced representation during one of the most difficult periods of your life.
Each wrongful death case is managed by one of our named partners from start to finish. You will not be handed off to a junior associate or paralegal.
We prepare every wrongful death case for litigation, positioning us to fight for the full value of your claim rather than accepting a low settlement offer.
We have secured insurance policy limits and significant recoveries for families in wrongful death cases involving trucking accidents and other negligence.
We advance all case expenses and only collect a fee if we win. Your family pays nothing out of pocket while we build your case.
We understand that reaching out to an attorney after losing a loved one is difficult. Here is what the process looks like when you work with our firm on a wrongful death claim.
Every wrongful death case moves at its own pace. Some resolve within months, while others take two to three years depending on complexity and whether litigation is required.
We meet with your family to understand the circumstances of your loved one's death, review the facts, and assess the potential value of your claim.
We investigate the incident, secure critical evidence, retain expert witnesses when needed, and build a complete picture of your family's losses.
We work with financial analysts and medical professionals to document every category of damages, including future lost income and ongoing emotional impact.
We present a comprehensive demand to the responsible parties and their insurers, negotiating from a position of strength backed by thorough case preparation.
If a fair settlement cannot be reached, we take your case to trial. Our track record in the courtroom reflects our willingness to fight for the full value of your claim.
You communicate directly with your attorney by phone, text, or email. We keep you informed at every stage of your case.
When you hire one of our attorneys, you gain access to the knowledge and experience of our entire legal team working on your behalf.
We are not a volume-based firm. We focus on maximizing each individual case rather than pushing for quick, undervalued settlements.
We handle all legal complexities, paperwork, and negotiations so your family can focus on healing and moving forward together.
Our attorneys have secured significant results for clients in wrongful death and serious personal injury cases. Below are examples that reflect our commitment to fighting for the full value of every claim.
Past results do not guarantee future outcomes. Each case is unique, and results depend on the specific facts and circumstances involved.
We offer a completely free initial consultation for wrongful death cases. During this meeting, we listen to your account, review the circumstances, and explain your legal options. There is no obligation, and you will speak directly with one of our partners.
Wrongful death cases are handled on a contingency fee basis, meaning you pay nothing unless we recover compensation for your family. Our fee is one-third of the recovery without a lawsuit, or 40% if litigation is required. We advance all case expenses, including filing fees, expert witness fees, and medical records.
"Great experience. They were very professional and were there whenever I called or needed them. My settlement was well worth the wait. I recommend them to anyone needing legal services. They will fight for you and get you what you deserve for your injuries. I didn't just gain good legal representation I also gained friends and a law firm that cared."
"Great people who really care about your situation. They did everything possible to take care of my family. I would highly recommend Jason, Robert, and the whole team. Top notch."
"I was referred to Melancon Rimes by a friend and I am beyond pleased with the outstanding professionalism and astounding work ethic that Lee Daquanno and his staff put into my case. Lee was prompt and kept me informed at every step. I would recommend him to anyone seeking legal help. Lee went above and beyond for me and I am extremely grateful for him during my time of need."
"I couldn't be more pleased with choosing Jason and all of the associates at Melancon & Rimes. I was told by several people throughout the duration of my litigation that I was in good hands with one of the best attorneys in Louisiana, and the results did not disappoint. A very efficient group that worked diligently to win my case and keep me well informed along the way."
Our referral-based practice is built on the trust we earn from every client. Most families come to us because someone they trust recommended our firm.
Our three partners bring backgrounds in biological engineering, appellate law, and civil litigation to every wrongful death case. Jason Melancon, Robert Rimes, and Lee Daquanno each manage cases personally, and when you hire one attorney at our firm, you gain access to the expertise of the full team. We are admitted to practice in all Louisiana state courts, federal district courts, the Fifth Circuit Court of Appeals, and the U.S. Supreme Court.
Jason Melancon named Rising Star (2013-2015) and Super Lawyer (2018-2021)
Leads the firm’s personal injury section, handling car accident, premises liability, and product liability claims across the Baton Rouge area.
Lee Daquanno graduated magna cum laude from Southern University Law Center
With over 50 years of combined legal experience and admission to practice before the nation’s highest court, our team has the credentials to handle wrongful death cases at every level.
The value of a wrongful death claim in Louisiana is based on multiple factors specific to the deceased and surviving family members. Courts and insurance companies consider the deceased’s age, health, earning capacity, and expected remaining work life. They also evaluate the nature and closeness of the relationship between the deceased and surviving family members, the number of dependents, and the degree of financial and emotional reliance on the deceased. Because wrongful death claims include both economic damages (lost income, medical and funeral costs) and non-economic damages (loss of love, companionship, and mental anguish), no two claims are valued the same way.
Louisiana law establishes a specific order of priority for who can file a wrongful death claim under Civil Code Article 2315.2. The surviving spouse and children have the first right to bring the claim. If there is no surviving spouse or children, the right passes to the deceased’s surviving parents. If there are no surviving parents, surviving siblings may file. This priority system means only one class of beneficiaries can bring the wrongful death action, and multiple members within the same class must typically join the same lawsuit.
These are two separate legal claims that often arise from the same incident. A wrongful death claim compensates surviving family members for their own losses, including the loss of love, companionship, financial support, and services the deceased provided. A survival action, authorized under Louisiana Civil Code Article 2315.1, compensates for the damages the deceased person suffered between the time of injury and death, including their own pain, suffering, and medical expenses. Both claims can be pursued simultaneously, and the combined recovery from both is what determines the full value of the case.
Louisiana does not impose a statutory cap on wrongful death damages in most cases. Juries are free to award whatever amount they determine is appropriate based on the evidence presented. However, if the wrongful death involves medical malpractice, Louisiana’s Medical Malpractice Act limits total damages per qualified healthcare provider. This cap applies only to healthcare providers enrolled in the Patient’s Compensation Fund. For wrongful death claims against non-medical defendants, there is no cap, and damage awards are determined entirely by the facts of the case.
For deaths occurring on or after July 1, 2024, the prescriptive period (Louisiana’s equivalent of a statute of limitations) is two years from the date of death. For deaths that occurred before July 1, 2024, the prescriptive period was one year. Missing this deadline almost always results in losing the right to file a claim entirely, which is why it is important to consult an attorney promptly after a wrongful death occurs. There are limited exceptions that may extend the deadline, but these are narrow and fact-specific.
Yes. Louisiana follows a pure comparative fault system, which means the deceased’s percentage of fault reduces the total recovery but does not eliminate it. For example, if a jury determines the total damages are $1,000,000 but the deceased was 20% at fault, the surviving family members would recover $800,000. This is different from some states that bar recovery entirely if the deceased was more than 50% at fault. An experienced attorney can help present evidence to minimize any comparative fault assigned to the deceased.
Income is one important factor, but it does not determine the entire value. Non-economic damages, including loss of love, affection, companionship, and the mental anguish of surviving family members, can represent a significant portion of a wrongful death recovery. Courts also consider the value of services the deceased provided, such as household work, childcare, and parental guidance, along with the loss of future earning potential. In cases involving young children who lose a parent, the non-economic damages often exceed the economic damages because of the decades of lost guidance and support.
Melancon, Rimes & Daquanno represents families throughout the greater Baton Rouge area in wrongful death claims. Our office is located in Baton Rouge, and we serve clients across nine surrounding parishes and their communities.
Whether you are in Baton Rouge or a surrounding community, our attorneys are available to discuss your wrongful death claim during a free consultation.
Hours:
Wed 8:30am – 4:30pm