How Does a Wrongful Death Lawsuit Work?
Coping with the unexpected and tragic loss of a loved one due to someone else’s negligence or reckless actions is an emotionally devastating experience. Many families need compensation but feel lost and uncertain about how a wrongful death lawsuit works.
A wrongful death lawsuit is a civil claim that allows certain surviving family members or the deceased’s estate to pursue financial compensation from the person, company, or entity responsible.
While no amount of money can undo this immense tragedy, a successful claim can provide a sense of justice, cover essential costs, and ensure long-term financial stability for those left behind. An experienced Alexandria wrongful death lawyer can help you understand the process.
What Is Considered a Wrongful Death?
Wrongful death can result from a variety of circumstances, including:
- Fatal car crashes caused by drunk, distracted, or careless driving
- Fatal accidents caused by unsafe property conditions or safety violations
- Fatalities caused by defective products
- Medical malpractice or nursing home abuse that causes death
- Serious acts of violence, such as murder or attacks that result in death
If the death would not have occurred but for another’s wrongful actions or failure to exercise reasonable care, surviving family members may have grounds for a wrongful death claim.
A personal injury lawyer in Alexandria can review your situation and help you understand whether you have grounds for a wrongful death lawsuit.
Initiating the Legal Process
The first crucial step is consulting an experienced Alexandria personal injury attorney to evaluate the validity and strength of your claim. These cases demand extensive documentation and adherence to strict filing deadlines dictated by state law.
Establishing Key Elements
To proceed with a lawsuit, your legal team must establish:
- The death was caused by another party’s negligence or intentionally harmful actions
- You are considered a proper “surviving party” entitled to bring the claim
- The losses suffered can be financially quantified as allowable damages
Filing the Civil Complaint
Once these elements are substantiated, our attorneys can draft and file an official complaint with the appropriate civil court. This legal document outlines the core allegations, circumstances surrounding the death, parties involved, and financial compensation being sought as a remedy.
From this point forward, the case enters a pre-trial phase governed by strict rules of civil procedure.
Investigation and Discovery
Both sides engage in an extensive fact-finding process:
- Interviewing witnesses
- Obtaining expert analysis
- Securing evidence like medical records, employment files, safety reports, etc.
- Exchanging information and documentation through depositions
This comprehensive investigation aims to firmly establish fault and calculate precise damages.
Settlement Negotiations
Most wrongful death lawsuits are resolved before trial through vigorous negotiation between attorneys. Defendants are often motivated to avoid the reputational risks and unpredictability of a jury award.
Your legal team will use strategic tactics to exert maximum pressure, presenting a solid case poised for success at trial unless a fair settlement agreement is reached.
The Potential for Trial
If a settlement proves unattainable after negotiations, the case proceeds to an official civil trial. Here, our Alexandria personal injury lawyers must persuasively argue liability and damages before a judge and jury, whose verdict determines any awarded compensation.
Protecting Your Rights and Your Claim
Whichever route the case takes, having an experienced litigator well-versed in wrongful death laws is important to anticipating and countering defense tactics.
As soon as litigation commences, defendants and their insurers deploy aggressive tactics like:
- Denying or contesting liability
- Undermining or disputing claimed damages
- Arguing contributory negligence by the deceased
- Attempting to force low-ball settlement offers
Our wrongful death lawyers are adept at anticipating and systematically dismantling these defense maneuvers.
Pursuing Your Full Financial Recovery
While laws vary across states, survivors may be entitled to recoup both economic and non-economic damages through a wrongful death action:
- Final medical expenses, funeral/burial costs
- Loss of the deceased’s income, benefits, inheritance
- Emotional losses like mental anguish, loss of companionship
- Punitive damages if gross negligence or intentional harm occurred
Our attorneys meticulously calculate and fight to recover the maximum possible award for every potential compensable loss.
Economic damages like medical bills, funeral costs, and lost income are just the beginning. We leverage expert analysis to project future losses with pinpoint accuracy – from the income and benefits your loved one would have continued earning, to the value of household services and inheritance you’ve been deprived of. No potential economic detriment is overlooked.
Properly valuing non-economic damages is equally crucial yet more subjective. Our legal team dedicates tremendous energy to powerfully conveying the full emotional devastation your family has endured.
Learn How A Wrongful Death Lawsuit May Work In Your Situation
Since 1995, the compassionate team at Laborde Earles Injury Lawyers has provided steadfast support and legal representation to Louisianans enduring the devastating loss of loved ones. You can be confident knowing we’ll stop at nothing to deliver the justice and closure you deserve.
Our skilled wrongful death attorneys understand the emotional turmoil you’re facing and approach each case with unwavering empathy. We take the time to truly understand your loss while working to fiercely protect your rights and interests through every stage of litigation.
When coping with grief, you need more than just legal counsel – you need a caring, communicative partner to help you recover the compensatory damages you need to move forward. Allow our accomplished team to guide you. Contact us for a free consultation.