Lake Charles Wrongful Death Lawyer

Lake Charles Wrongful Death Attorney

Handling Personal Injury And Wrongful Death Claims In Louisiana

In the blink of an eye, a car accident, medical mistake or an injury at work can change your life forever. In the Lake Charles area of Louisiana, hundreds of people suffer from personal injuries or endure the loss of loved ones every year. You do not need to go through this difficult time on your own. Contact an experienced and compassionate Lake Charles wrongful death lawyer who will help you recover what you have lost.

Skilled Legal Representation From A Lawyer Who Is A Former Doctor

At the law firm of Lee M. Schwalben, M.D., J.D., LLC, we help individuals and families who are suffering from losses due to fatal accidents and personal injury accidents. Attorney Lee M. Schwalben, M.D., J.D., LLC is a lawyer who practiced medicine for many years. He works to protect clients’ rights as vigorously as he protected the lives of his patients. He can answer your questions and is dedicated to helping people.

Given that no injury is easy to handle, and that any broken bone or soft tissue injury can have an impact on your ability to work and live normally and pain-free, it is important to have a lawyer who understands the severity of your injury and knows what is necessary for your recovery process. We handle claims involving serious injuries, such as:

• Broken bones and fractures
• Arm and shoulder injuries
• Knee, ankle and joint injuries
• Neck and back injuries
• Spinal cord injuries
• Traumatic brain injuries
• Toxic exposure

What Is Wrongful Death?

Unfortunately, some incidents lead to injuries so severe that the victim is killed as a result. Personal injury claims are usually filed by the individual who was harmed, which makes it difficult for the victim’s family and loved ones to fully recover. This is where wrongful death claims come in.

Wrongful death claims can be filed by a victim’s spouse, descendants, or parents if there is no spouse or children. In the event that the victim does not have any other family, their siblings may be able to file on their behalf. A victim’s relatives include both adoptive relatives and blood relatives.

Damages in a Wrongful Death Case

The family of the victim is entitled to certain types of damages, but they are slightly different from the damages in a personal injury claim. Wrongful death plaintiffs can still recover medical expenses if their loved one received medical attention before death, but they can also recover expenses for funeral costs, as well as the amount of income or earning potential the person could have provided the family.

There are also additional non-economic damages a family can recover. These damages include the pain and suffering of the victim and the loss of the personal characteristics of a family member, including their emotional support and guidance. If the individual had assets or savings that were unable to be passed down due to their untimely death, those might be included in the damage calculation as well.

The exact amount a wrongful death case might be worth varies depending on each person’s circumstances. Some of the most important factors include things like the person’s age and earning ability when they die. The person filing the claim can also affect the value of the case, depending on the nature of their relationship with the victim.

In wrongful death cases that involve medical malpractice, a damage cap still applies, just like in personal injury cases. The statute of limitations is the same in both types of cases, and they must be filed quickly.

Why Do I Need an Attorney for My Wrongful Death Claim?

Louisiana law is notoriously challenging to understand. An attorney who is well-versed in wrongful death law in Louisiana can provide effective information on your case, including how much it might be worth, as well as when, where, and how to file your claim.

Wrongful death can be difficult to prove. It might seem obvious with the help of a death certificate, but a wrongful death claim must prove that the other party was negligent in a way that caused the individual’s death.

For instance, if a victim’s death was caused by another driver in a car accident, the plaintiff must prove how they did so. They might have been negligent by speeding excessively, which gave them little time to slow down, resulting in the accident that killed the victim.

Proving the defendant’s liability requires a substantial amount of evidence that goes beyond medical records and a death certificate. An attorney can gather things like photo and video evidence, as well as witness testimony, to support your family’s claim.

In addition to gathering evidence, an attorney can provide support during a difficult time in a family’s life. In many cases, wrongful death claims must be filed while a family has to prepare for a funeral and take care of the late loved one’s estate. Gathering and completing the correct paperwork for a wrongful death claim can be tedious for anyone, much less a grieving family.

Common Types of Wrongful Death Claims

Wrongful death claims can be filed in a variety of circumstances, but there are some instances where claims are more frequent, including:

• Vehicle Accidents: Car accidents are one of the most common causes of death. The risk is even greater if the passengers encounter a drunk driver or a large commercial truck. The same applies to pedestrians and those who commute using bicycles and motorcycles. In most cases, the individual who is most at fault for the crash would compensate the other individuals through their insurance company.
• Plane Accidents: Accidents involving aircraft are often more complicated than car accidents due to the sheer number of people affected and the severity of the injuries. Instead of car insurance companies, victims and their families must work with airline companies to recover damages. An attorney is equipped to handle plane accident claims involving large companies and multiple parties.
• Medical Malpractice: One of the most common forms of medical malpractice is failing to diagnose a serious condition like cancer or a heart attack. Other issues include surgery complications and prescription drug mistakes. In some cases, a claim can be filed against an individual doctor, but in others, it can be filed against a hospital or medical system.
• Maritime Workers: Instead of traditional employment law, some employees who work in the maritime industry are covered under the Jones Act. The rules and regulations under this act differ from laws involving other employees, so most people need an attorney to review their wrongful death claims involving maritime workers.
• Work Injuries or Toxic Exposure: Many injuries that occur on the job can be resolved with a workers’ compensation claim, but additional damages might be recovered if an employer was negligent by not maintaining facilities or equipment or exposing their employees to toxic substances or chemicals, including asbestos.

Proving Damages in a Wrongful Death Claim

Economic damages in a wrongful death case are typically proven by medical bills, bills associated with funeral expenses, and pay stubs from wages the victim earned while they were working. Non-economic damages are more difficult to prove in a wrongful death claim because they are not easily quantifiable.

In most cases, wrongful death claims are filed by the late victim’s spouse or children. The case is then proven by evaluating the relationship between the victim and their family. Things like how close the family was, where and how the family lived together, and the ages of the victim and the family members can all play a role in how much a wrongful death claim is worth.

If the late individual did not contribute to the household by earning money but did a considerable amount of work around the home, that can also be taken into consideration. Childcare and companionship can be accounted for as well.

If you had a close relationship with the individual, it could be easier to prove that their absence is causing you and your family harm, which is one major way to prove damages in a wrongful death claim.

Free Consultation ~ Compassionate Assistance

No matter the cause of your injury or your loved one’s wrongful death, contact us today to find out if you have a claim. Complete a brief online form or call our Lake Charles office at 337-494-5757. Our caseload includes cases of motor vehicle accidents, industrial accidents, defective products, unsafe property and many other types of personal injury claims.

FAQs

Who Gets the Money in a Wrongful Death Claim in Lake Charles?

The family of the victim gets the money in a wrongful death claim in Lake Charles. If the victim is married or has children, those individuals are prioritized in a wrongful death settlement. If they are unmarried without children, then parents are next in line. If the individual has no surviving parents, then any siblings might be able to file a claim. Others do not usually qualify unless there are unique circumstances.

Where Does the Money Come From in a Wrongful Death Claim?

Similarly to a personal injury claim, the money from a wrongful death claim comes from the party that is considered negligent. The exact party depends on the type of incident that occurred. In the event of a car accident, this would likely come from the defendant’s insurance company. A medical malpractice claim might be filed against a doctor or a hospital, while a premises liability claim could be filed against the owner of the property.

How Much Is a Wrongful Death Claim Worth in Lake Charles?

Each wrongful death claim is worth different amounts, depending on certain factors. Some of the biggest indicators of how much a wrongful death claim might be worth include how old the person was and how much money they made when they died. The relationship the person filing the claim had with the victim can also play a role in how much money they might receive. An attorney can provide a more detailed assessment of the value of a wrongful death claim.

What Are Examples of Wrongful Death?

Examples of wrongful death include car accidents, medical malpractice, premises liability accidents, and work injuries in which another party is at fault for the victim’s death. Pedestrian, aviation, and trucking accidents can also result in wrongful death claims.

Providing Support to Grieving Families

Lee M. Schwalben, M.D., J.D., LLC, offers the compassion of a doctor alongside the professional experience of an attorney. He can provide thorough representation in a wrongful death claim. From offering advice on your next steps to gathering evidence and negotiating with insurance companies, a wrongful death attorney can be a valuable asset for you and your loved ones. Schedule a consultation today for more information on your unique case.