You deserve compassionate legal counsel after the death of a loved one, a time made even more difficult when the death was caused by the careless actions of another party. The experienced Lake Charles wrongful death lawyers from Shamieh Law can help. We are ready to hold the liable parties responsible and pursue damages on behalf of you and your family.
The death of a loved one is even more painful for surviving family members when the loss is caused by a preventable accident. Remember, wrongful deaths may be due to both the actions or inactions of the at-fault party. If someone else’s carelessness caused your loved one’s death, you can file a wrongful death lawsuit to pursue justice, accountability, and compensation.
Wrongful death cases can be complicated. Because of the serious nature of the harm they caused, defendants and their insurers may fight hard to deny their wrongdoing and diminish the value of your claim. Surviving family members do not have to face this situation alone. Partner with a respected Lakes Charles wrongful death lawyer from Shamieh Law. We are here to help you navigate the law in this difficult time.
Why Choose Shamieh Law’s Wrongful Death Lawyers in Lake Charles?
At Shamieh Law, we strive to provide high-quality legal representation and secure the best results possible for our clients. You and your family deserve to be treated with compassion and respect following the death of a loved one. You also deserve justice before the law when their death was someone else’s fault.
At our firm, we treat every client like family and every participant in the legal process with respect. We call this “Winning With Awareness,” a daily practice at Shamieh Law. Our track records show that you can practice law ethically while securing excellent case results. Our award-winning attorneys have been recognized by multiple professional organizations and publications, including:
- Texas Lawyer Magazine
- The American Institute of Personal Injury Lawyers
- The Million Dollar Advocates Forum
- The National Trial Lawyers Top 100
- Super Lawyers
- D Magazine
Some of our most notable verdicts and settlements include:
- $9.5 million for the family of a worker who fell to his death due to a lack of safety equipment
- $5 million for the family of a woman who was murdered at work after asking her employer to increase security.
Partner with a Lake Charles wrongful death lawyer from Shamieh Law. Let us put our strong work ethic, top-tier communication skills, and wide-ranging legal expertise to work for you.
You Owe Us Nothing Unless We Win
At Shamieh Law, we offer free, no-obligation consultations. Further, if you decide to partner with us, we pay the upfront costs of handling your case. Because we operate on a contingency fee basis, you pay nothing unless we win your case.
Louisiana Wrongful Death Definition
Louisiana law defines wrongful death simply as death “due to the fault of another.” The underlying act that leads to the death can be either intentional or unintentional. It can also be based on someone’s failure to take action.
Working with an experienced wrongful death lawyer who can help you fight for justice and accountability is essential. Our wrongful death attorneys at Shamieh Law have extensive experience handling these kinds of cases throughout Louisiana and beyond. Our compassionate legal team will stand by you and your family throughout the life of your case.
Causes of Wrongful Deaths in Lake Charles
It is difficult to generalize about the various scenarios that can give rise to a wrongful death. No matter the circumstances, we have the skills and experience needed to handle your case from start to finish.
Shamieh Law is a full-service personal injury law firm dedicated to helping injury victims and their families defend their right to compensation when other people’s carelessness leads to accidents. We have handled thousands of personal injury scenarios, including cases involving:
- Car Accidents
- Truck accidents
- DWI/DUI Car Accidents
- Uber, Lyft, and Rideshare Car Accidents
- Workplace Accidents
- Product Defects
- Premises Liability
- Hazing Litigation
- Drone Accidents
- Construction Accidents
- Rental Car Accidents
- Hit and Run Accidents
- Oil and Gas Accidents
- Pedestrian Accidents
- Animal Attacks
- Boat Accidents
- Industrial Explosions
- Plane Accidents
- Train Accidents
- E-Cigarettes and Vape Pens
- Electrocution Accidents
- Daycare Abuse
- Nursing Home Abuse
- Burn Injuries
- Forklift Accidents
- ATV Accident Lawyer
- Helicopter Accidents
- Airbag Failure
If your loved one died due to the carelessness of another party, a Lake Charles wrongful death attorney from Shamieh Law can help you fight for just and fair compensation.
Who Can File a Wrongful Death Claim in Lake Charles?
Louisiana allows certain family members to bring wrongful death suits. In order of priority, they include:
- Surviving spouse and children
- Surviving parents
- Surviving siblings
- Surviving grandparents
As an example of how this law works, if a surviving spouse and children file a wrongful death claim, surviving parents cannot. Consult with a Shamieh Law wrongful death attorney if your loved one was killed in an accident through little or no fault of their own. We are here to make sure you know your full legal rights and options.
Statute of Limitations for Wrongful Death Claims in Louisiana
Louisiana law normally sets a one-year deadline to file a wrongful death claim in Louisiana. The countdown starts on the date of your loved one’s passing.
Though this deadline is normally strictly enforced, there may be exceptions. For example, exceptions may exist for plaintiffs who are minors, in cases where the death was caused by a criminal act, and in cases where the cause of death was not knowable before the deadline passed.
However, it is best to consult with a skilled wrongful death attorney before relying on potential exceptions. Remember, failure to file before the correct deadline passes will most likely result in your case being dismissed in court. Consulting with an attorney as soon as possible after a fatal accident is the best way to avoid this result.
Potential Compensation in a Lake Charles Wrongful Death Lawsuit
No amount of money can make up for a loss of life. Even so, the law allows surviving family members to sue for monetary compensation if they lose a loved one due to the actions of another. They can recover compensation for both economic and non-economic damages, including things like:
- Medical bills of the decedent
- Lost future earnings
- Loss of services
- Grief and anguish
- Loss of companionship, care, guidance, and support of the decedent
- Funeral and burial costs
In some cases, you may also recover punitive damages, also known as exemplary damages. Louisiana allows for this form of damages only when explicitly allowed by statute. For example, it may be available in cases involving “wanton and reckless behavior” by drunk drivers and domestic abusers.
Comparative Fault in Lake Charles Wrongful Death Claims
Louisiana law applies the doctrine of comparative fault in personal injury claims, including those involving wrongful death. Under this law, if your loved one contributed to the cause of their death, the amount of damages available through a lawsuit will be reduced proportionately to their responsibility for the accident.
For example, if someone dies in a car accident in which the other driver illegally changed lanes, but the decedent was speeding, a court may assign 80 percent fault to the other driver and 20 percent to the decedent. If a court determines that the full value of the claim is $1 million, the compensable damages would be reduced accordingly to $800,000.
Proving Wrongful Death in Louisiana
You must show by a preponderance of the evidence that the defendant caused your loved one’s death. This means that you must prove that the defendant was more likely than not at fault.
In most cases, though not all, your wrongful death attorney will build your case on the legal theory of negligence. This requires proving that the defendant failed to take reasonable care to avoid causing harm to others.
Negligence can result from action or inaction on the defendant’s part. For example, someone may be held liable for killing someone while driving under the influence. By contrast, a nursing home that ignores the needs of patients may be found negligent based on inaction.
Defendants and their insurance companies may try to shift the blame to other parties to avoid liability. You need a Lake Charles wrongful death lawyer experienced in dealing with combative defendants and insurance companies eager to deny the value of your claim. The legal team at Shamieh Law has the skills and resources needed to handle your case from start to finish.
How Can a Wrongful Death Attorney Help?
A knowledgeable Lake Charles wrongful death lawyer from Shamieh Law can help you navigate this complex area of the law. Our compassionate legal team will support you and your family throughout the life of your case. Among other things, we can help by:
Explaining your legal rights so you can make informed decisions
- Collecting evidence
- Securing expert testimony
- Determining if one or more parties are liable
- Calculating your damages
- Negotiating with insurance companies
- Fighting for you at trial
You and your family have enough on your plate. We understand the challenges you are likely going through and are ready to help. Let us put our extensive legal skills and decades of combined experience to work for you.
Contact Shamieh Law’s Wrongful Death Attorneys in Lake Charles
Again, no amount of money can make up for the death of someone you love. Even so, if you have lost a loved one due to someone else’s carelessness, a wrongful death attorney at Shamieh Law can help you down the road toward compensation.
We offer free, no-obligation consultations, so there is no downside to having one of our skilled injury attorneys review your case. To learn more about how we can help you and your family, contact our Lake Charles personal injury law office by calling (337) 477-7222 or filling out our online contact form.
Lake Charles Wrongful Death FAQs
Understandably, grieving family members normally have numerous questions about the legal aftermath of a loved one’s passing due to a wrongful death. These are some of the most common questions we get from our clients.
Compensatory damages (i.e., economic and non-economic damages) you receive in a wrongful death lawsuit are normally not taxable by the IRS. However, you must pay taxes on punitive damages. It is important to remember that tax law is very complex and there may be other exceptions. Therefore, it is best to consult with your attorney to determine what taxes you may owe after receiving a wrongful death settlement or verdict.
A wrongful death action is a lawsuit brought seeking compensation for harm suffered by surviving loved ones. By contrast, a survival action is brought seeking compensation the decedent could have sought through a personal injury lawsuit had they survived. Often, wrongful death and survival actions are brought in tandem.
You must prove that the defendant caused your loved one’s death by a preponderance of the evidence. In other words, you must prove that they were more likely than not at fault. Relevant evidence may include medical records, police reports, corporate records, witness statements, expert testimony, and more. Our wrongful death attorneys can help you gather strong evidence to substantiate your case.
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