Lake Charles Wrongful Death Lawyer

Lake Charles Wrongful Death Attorney

Losing a loved one is a tragic and deeply personal experience. At The Roach Law Firm, we understand the pain these challenging times can bring. While cases fraught with emotion are never easy, they can be vital to ensuring families receive the justice they deserve.

If your loved one died from someone else’s negligence, recklessness, or intentional act, a Lake Charles wrongful death lawyer from our firm can fight to protect their memory.

What Is Wrongful Death?

A wrongful death occurs when a person’s or entity’s negligence or intentional wrongful act leads to the death of an individual. In this case, surviving family members or a representative of the decedent’s estate can file a wrongful death claim. They must prove:

• The person or entity committed a negligent or intentionally wrongful act,
• The act or actions were the main cause of the death, and
• The death caused damages.

When we can prove these elements, a court may award compensation to the plaintiff, or they could receive a settlement from the person or entity deemed responsible for the death.

Wrongful Death vs. Personal Injury Claims

While all wrongful death claims are personal injury claims, all personal injuries are not all wrongful deaths. Personal injury is an umbrella term encompassing cases like wrongful death, car accident claims, and more.

In personal injury claims, injured people hire their own attorney to pursue their goals of suing or negotiating with the party who harmed them. These victims must demonstrate that they sustained injuries due to intentional acts or negligence.

Wrongful death claims work differently because the victim is not alive and needs someone to represent them in all legal proceedings. This representative files the claim or seeks to negotiate a settlement to recover compensation for damages like medical bills, pain and suffering, lost income, and other aspects contributing to hardship after the victim’s death.

Additionally, the parties representing the decedent can seek to recover funeral costs and burial bills, amongst other expected financial losses.

Are Wrongful Death Cases Criminal or Civil?

Wrongful death claims are civil cases filed by an individual or family against a person, business, company, or entity. These cases seek to obtain compensation for damages related to the loss of a loved one and hold the defendant liable.

While criminal charges like DUI or manslaughter can be relevant in these cases and may be brought about by the state, these charges are separate from a civil wrongful death case. The potential penalties for civil and criminal cases differ significantly. While a defendant could be forced to pay compensation in a civil case, they could go to prison, pay fines, and develop a criminal record when found guilty in criminal court.

Moreover, the burden of proof necessary for a civil case is much lower. In a criminal case, prosecutors must prove the elements beyond a reasonable doubt. In civil cases, plaintiffs only need to prove their case by a preponderance of the evidence or by proving that it is more likely than not likely that the defendant is liable.

Exploring the Types of Wrongful Death Cases

All wrongful death cases involve an accusation that the defendant caused the victim’s death due to negligence or intentional wrongdoing. Still, the acts causing the death can differ. Our team can help you understand the different types of wrongful death claims.

Intentional Acts

You can file a wrongful death claim if someone’s intentional or illegal acts caused your loved one’s death. For instance, if they committed acts of domestic violence against the victim, who passed away from their injuries as a result, they could be brought to both criminal and civil court. In some cases, civil cases may succeed even when a criminal case does not.

Negligence

Negligence assumes that the defendant was unaware of the level of harm they could cause, but they should have taken better care anyway.

When we pursue claims based on negligence, our team needs to show that the defendant acted with a lower level of care than a reasonable person would have in the same circumstances. Examples of wrongful deaths we can pursue based on negligence are:

• Failure to warn
• Car accident cases
• Dog bites and other animal attacks
• Defective products
• Construction accidents
• Slip and fall cases

Malpractice

When doctors or other medical providers breach their duty of care, their actions can result in a wrongful death claim. In these cases, we must prove that the medical professional’s failure directly caused the fatality.

Malpractice cases differ from normal negligence claims because medical professionals’ level of care is much higher than in other cases. Therefore, if a reasonable professional would have acted differently under the same circumstances, this can be enough proof to find the doctor liable.

Your Path Toward Healing After Wrongful Death

Sudden losses can leave you feeling heartbroken, tired, and unsure of where to turn. When someone else’s negligence causes your loved one’s death, your pain can become more profound. Wrongful death claims can offer a path toward healing. Although the aftermath will remain difficult to deal with, a sense of justice and financial security can add an element of hope to this difficult time.

Do You Need a Wrongful Death Attorney?

Hiring an attorney is rarely required in any legal proceedings, but you should not forgo an attorney. The legal system is complex and nearly impossible for a layperson to navigate by themselves. What can seem like a straightforward case can be incredibly difficult. In wrongful death cases, you can expect the defendant to hire the most reputable attorney they can afford to attempt to reduce their liability. In this case, having your own experienced counsel becomes even more important.

Holding Responsible Parties Accountable

You deserve a voice to express the impact your loved one had on your life and the extreme loss you are facing. Wrongful death claims can hold responsible parties accountable, which could deter similar tragedies in the future. We can work on your behalf to ensure the system understands the significance of your case.

What Are the Damages for Wrongful Death in Louisiana?

The damages available for wrongful death in Louisiana depend on the factors of the claim. Since every situation is unique, it can be difficult to predict what damages you can seek without knowing the intricate details of the case.

However, the financial burdens present after a loved one’s wrongful death can overwhelm even the strongest families. Our skilled Lake Charles wrongful death attorney can help alleviate your burdens by seeking compensation for the following:

• Medical expenses. Families can take on significant medical expenses for their loved ones before their death. We can seek compensation for hospital stays, emergency room visits, doctor fees, and medication costs.
• Lost wages. Lost wages cover the income your loved one would have earned, such as their salary, bonuses, commission, or other compensation, to support you and your family.
• Projected future earnings. Loss of future income or projected future earnings can be a significant factor in a wrongful death case, especially if your loved one was the family’s primary breadwinner. These calculations can become complex when factoring in possibilities like promotions, businesses, or other extenuating factors.
• Loss of services. Services provided by the deceased can be monetary or more abstract. We can work with you to understand what your loved one provided for your family, even when it is difficult to describe.
• Other difficult-to-quantify aspects include the deceased’s pain and suffering while alive, loss of unreceived inheritance, or loss of companionship.

In some cases, courts may award punitive damages in wrongful death claims. We can explain whether this is a possibility for your case. While punitive damages are rarer than compensatory damages, you could receive them if the defendant was especially reckless or egregious in causing your loved one’s death.

Working Toward Closure

In the wake of a loved one passing, a wrongful death claim can feel like a formality. However, some families find that the legal process can help them work toward closure while they cope with the irreplaceable loss. One crucial benefit can be receiving answers.

Wrongful death cases can be especially difficult when there are questions surrounding what took place. Our investigation into the cause of death can shed light on what unfolded. For many people, the investigation grants a deeper understanding of the tragedy. The knowledge of what happened, though sometimes painful to hear, can be vital to the grieving process. The enlightening details can help families process their emotions and find peace.

Additionally, participation in legal proceedings can help provide a sense of much-needed control during a chaotic time. By taking action to pursue justice for your loved one, you may feel empowered, which can be an important element in the healing journey.

Your Advocate During This Challenging Time

Our attorneys at The Roach Law Firm have over 50 years of experience representing Louisiana families. We can advocate for you while maintaining a personalized approach. We want you to feel seen, heard, and supported. Our team takes the time to meet with you and your family to learn the specific circumstances surrounding your loved one’s death and who they were to you.

The Lake Charles attorney on your case can listen attentively to your concerns, answer any questions, and address any anxieties about the legal process. When you hire us, you gain a compassionate advocate during this challenging time.

Securing a Just Outcome for Your Family

Wrongful deaths are difficult for everyone involved. While we understand that no settlement amount can bring our clients’ loved ones back, we still do our part to hold negligent parties accountable for their actions. While you grieve, we can work on your behalf to seek rightful compensation. You should be able to take the necessary time to rest without worrying about medical costs, loss of income, and other financial factors that can make a difficult time even worse.

The Roach Law Firm knows securing a just outcome for your family requires skilled negotiation and, sometimes, strong litigation. We commit ourselves to fighting for your right to compensation however we need to.

Our Negotiation Tactics

Insurance companies historically prioritize minimizing payouts, even in cases where recklessness takes the life of a loved one. Our skilled negotiators prepare daily to combat denials, low offers, and insurance companies’ apathy. We fight aggressively to secure fair settlements because families grieving from wrongful deaths deserve a strong advocate. We can employ the following tactics in your case:

• Strong Case Crafting: We gather as much documentation as possible to leverage in your case. We present your loved one’s story and negotiate from a position of strength rather than letting the other party dictate the discussions. We make the compensation we seek clear to insurance companies.
• Countering Insurance Adjusters: Our attorneys know the tricks insurance adjusters attempt, and lowball offers will not sway us. We can counter every argument with clear evidence until we reach the desired compensation amount.
• Persistent Negotiating: Your family deserves persistent advocates. We do not settle for inadequate offers or terms. While you grieve, you can know that we seek optimal results for your case.

Trial-Ready Representation

When companies deny rightful compensation, attempt unreasonable offers, or refuse to cooperate, we do not settle for less than we need. We remain fully prepared to take your case to trial. Our attorneys not only gather evidence, but they also know how to use it in the courtroom. We have experience with litigation and a deep understanding of Louisiana law.

We can prepare your case for trial before knowing what will come of the negotiation stage. We prepare witnesses, find compelling evidence, and craft powerful arguments. When your trial date comes, we can passionately present our findings to the judge and jury. We can ensure they understand the impact of your loved one’s death and the compensation your family deserves.

Compassionate Support, Communication, and Empathy

While seeking compensation is important, our firm tries to provide more for you. Giving you compassionate support and guidance in this difficult time is essential. Navigating these cases will be complicated, so when you desire, we can keep you informed on any case developments.

We find it important to address all questions and concerns promptly, as we never want you to feel uninformed about your loved one’s case. Contact The Roach Law Firm today if you need help with a wrongful death claim.