Westlake Wrongful Death Lawyer

Westlake Wrongful Death Attorney

Losing a loved one changes everything. Louisiana law allows families to seek justice when negligence causes death. Surviving families can pursue claims for financial relief, depending on the details of the claim. Working with a Westlake wrongful death lawyer can help you take the right steps towards receiving compensation.

What Is Wrongful Death?

Wrongful death cases come from negligence. If someone does not meet their duty of keeping another person safe, it can be considered negligence, which can lead to wrongful death. Some of the most common causes of wrongful death claims include car accidents. High-speed crashes, drunk driving incidents, and distracted driving on I-10 often result in fatal collisions. Negligence in these accidents can lead to wrongful death claims.

Industrial workers in Westlake are exposed to risks like equipment malfunctions, chemical exposure, and falls. Employers may be liable if they fail to follow safety protocols. Errors in diagnosis or medication can cause fatal injuries. Families may file claims against hospitals or individual healthcare providers when negligence is evident.

Each case requires evidence to establish negligence or wrongful conduct. The cause of death determines the liable party and legal strategy for seeking compensation.

Proving Liability in a Wrongful Death Case

There are several types of evidence that are important in wrongful death cases, including:

• Police reports. These can be helpful after traffic accidents in Westlake and along the I-10 corridor. These documents contain details like road conditions and the positions of the vehicle at the time of the crash. Witness statements complement these reports by providing perspectives that officers might have missed. For industrial accidents at facilities, worker testimonies can reveal safety violations.
• Medical records. Comprehensive medical documentation provides serious evidence establishing the direct cause of death and connecting it to the negligent action. Autopsy reports detail specific injuries and their severity, helping professionals determine whether these injuries resulted from negligence.
• Photos and video evidence. Visual evidence can provide compelling proof in wrongful death litigation that text-based reports cannot match. Traffic cameras along I-10 or security footage from Westlake businesses can capture the sequence of events leading to fatal incidents. These photos can document damage before they’re altered or removed.
• Product defect analysis. When a defective product contributes to a death in Westlake, professional analysis is needed to prove manufacturer liability. Engineering evaluations can identify design flaws in industrial equipment used at local petrochemical plants. Laboratory testing may reveal contamination in pharmaceutical products or dangerous chemical compositions in consumer goods.

These analyses often require professionals familiar with industry standards who can effectively communicate complex findings to jurors.

Damages Available in a Wrongful Death Claim

Families can recover both economic and non-economic damages after a wrongful death. Economic damages cover tangible losses. Funerals can be expensive, especially if they come at an unexpected time. Lost income varies based on the deceased’s occupation and earning potential.

Non-economic damages compensate for emotional losses. Survivors may recover damages for loss of companionship and the pain and suffering experienced by the deceased before death. In cases of extreme negligence or intentional harm, punitive damages may be awarded. While rare in Louisiana, they might apply in drunk driving cases or instances of egregious misconduct.

Settlement vs. Trial

Most wrongful death cases are settled before trial. Settlements provide faster resolution, avoiding the costs and uncertainties of litigation. Insurance companies often negotiate payouts based on the strength of the evidence. Families should expect back-and-forth negotiations before reaching an agreement.

Trials occur when settlement offers are too low or liability is contested. A trial involves presenting evidence in court, with a judge or jury deciding the outcome. While trials can lead to higher compensation, they take longer and come with added legal expenses. Weighing the risks and benefits of settling versus going to trial is essential in wrongful death cases.

What Happens If the At-Fault Party Lacks Insurance?

When an at-fault party is uninsured, families have limited options. The liable party’s personal assets can be pursued, but it can be difficult to collect these assets. If other entities share responsibility, claims can be filed against them.

Uninsured/underinsured motorist coverage offers an alternative. This coverage allows families to seek compensation from their own policy. Coverage limits vary, so families should check policy terms to determine available coverage.

FAQs

Q: How Do You Negotiate a Wrongful Death Settlement?

A: To negotiate a wrongful death settlement, you need to prove liability and quantify the damages the victim experienced. The process starts with gathering evidence. Lawyers present a demand package to the at-fault party’s insurer, detailing the deceased’s financial contributions, medical expenses, and emotional impact on surviving family members. Insurance companies often counter with low offers, leading to multiple rounds of negotiation.

Q: What Is an Example of a Wrongful Death?

A: An example of wrongful death is something like a fatal car accident on I-10 caused by a drunk driver. Workplace incidents, such as an explosion in a Westlake industrial plant, can also result in legal action. A wrongful death occurs when someone dies due to another party’s negligence or intentional actions.

Q: Can Multiple Family Members File Separate Wrongful Death Claims?

A: Multiple family members cannot file separate wrongful death claims. Louisiana law allows only one wrongful death claim per deceased individual. The right to file follows a strict order. The spouse and children have priority, followed by parents, siblings, and then grandparents. If multiple qualifying relatives exist, they have to file a single claim together or decide on a representative to file on behalf of all eligible parties.

Q: What Happens If the Person Responsible for a Wrongful Death Has No Insurance?

A: If the person responsible for a wrongful death has no insurance, the family can seek compensation from the individual’s personal assets, but collection can be difficult. Other avenues include filing claims against additional liable parties, such as an employer or product manufacturer. Many families rely on uninsured/underinsured motorist coverage, which can provide compensation if included in the deceased’s auto insurance policy.

Put Your Needs First

A legal claim is not just about money. It can help make sure the actions that caused a death don’t happen again. There is a path for families to recover damages when negligence leads to a wrongful death. Schedule a consultation with The Roach Law Firm to make sure that your claim is handled properly.