Losing a family member because of someone else’s negligence is devastating enough without also having to fight the defendant’s insurance company every step of the way. But that fight is almost always part of the process.
Insurers rarely just accept liability and write a check. Instead, they look for an angle, some argument that lets them pay less or avoid paying at all. Knowing what those arguments tend to look like can help you and your family prepare for what’s ahead.
A wrongful death lawyer in Baton Rouge can anticipate these defenses before they’re even raised and build your wrongful death case to hold up against them. At Chris Corzo Injury Attorneys, we help our clients secure maximum compensation.
Call us today at (225) 999-1111 or complete the short form on our contact page to schedule a free consultation.
The Most Common Defenses Raised in Louisiana Wrongful Death Cases
The Claim Was Filed Too Late
Louisiana gives families a limited window to bring a wrongful death claim, and insurance companies watch that clock closely. Under Louisiana law, survivors generally have one year from the date of death, or two years from the date of the injury that eventually caused the death, whichever period is longer.
If a claim is filed outside that window, the defense doesn’t even need to argue the facts of the case. They can ask the court to throw it out on a technicality. This is one of the easiest defenses for an insurer to win, which is exactly why acting quickly after a loss matters so much.
The Defendant Didn’t Owe a Duty to Your Loved One
Every negligence claim, wrongful death included, depends on showing that the defendant had some legal responsibility to keep your loved one safe. A driver owes a duty to others on the road. A property owner owes a duty to people lawfully on their premises.
But if a defendant can convincingly argue that no such relationship or responsibility existed between them and the deceased, they may be able to avoid liability regardless of what actually happened.
The Defendant Didn’t Breach Any Duty
Even where a duty clearly existed, a defendant may argue they met it. A trucking company might claim its driver was properly trained and its vehicle well maintained. A property owner might claim their premises met every applicable safety standard.
If the defense can show they acted reasonably under the circumstances, there’s no breach to hold them accountable for, and without a breach, a wrongful death claim doesn’t get very far.
Something Else Caused the Death
Defendants frequently argue that their conduct, even if careless, wasn’t actually what killed the victim. In a medical malpractice case, for instance, a hospital might point to a pre-existing condition and claim the patient would have died regardless of any mistake made during treatment.
Overcoming this defense usually requires solid medical or expert testimony connecting the defendant’s specific conduct to the death in a way that leaves little room for doubt.
Comparative Fault
Louisiana follows a modified comparative fault system, and it’s one of the defenses raised most often in these cases. Rather than deny responsibility outright, a defendant may argue that your loved one shared some of the blame; that they were speeding, ignored a safety warning, or otherwise contributed to the incident that caused their death.
Under current Louisiana law, if a jury finds that the deceased was 51% or more at fault, the family’s claim can be barred entirely. Even a partial finding of fault reduces the compensation the family can recover.
This is why it’s so important to have a wrongful death attorney investigating the full picture of what happened, rather than letting the insurance company control the narrative.
The Victim Assumed the Risk
If your loved one was engaged in an inherently risky activity, such as skydiving, off-roading, or working a hazardous job, the defense may argue they accepted the risks that came with that activity.
In an assumption of risk defense, the argument is that the victim (or the victim’s family) can’t now hold someone else responsible for what happened.
However, this defense typically applies when the victim actually understood and knowingly accepted the risk. And it doesn’t excuse a defendant’s own negligence or safety violations.
Insufficient Evidence
At the end of the day, the burden falls on the family to prove their case by a preponderance of the evidence, meaning it’s more likely than not that the defendant is responsible for the death.
If the evidence supporting your claim is thin or disorganized, the defense doesn’t need any of the arguments above. They can simply argue you haven’t met your burden.
This is often the most straightforward way for an insurance company to defeat a claim, and it’s also the defense that a skilled Baton Rouge wrongful death lawyer is best positioned to prevent through early, thorough investigation.
How a Wrongful Death Attorney Can Help You Overcome These Defenses
None of these defenses is an automatic win for the other side. Each one can be challenged with the right evidence, the right experts, and a clear understanding of Louisiana law.
An experienced wrongful death attorney can gather and preserve evidence before it disappears, consult with medical and accident reconstruction experts when causation is disputed, and push back against attempts to shift blame onto your loved one unfairly.
Contact a Wrongful Death Lawyer in Baton Rouge Today
If you’ve lost a loved one because of another person’s or company’s negligence, don’t let an insurance company’s defense strategy stand between your family and the compensation you deserve.
Our wrongful death attorneys at Chris Corzo Injury Attorneys can investigate your loved one’s death, anticipate the defenses that are likely to be raised, and fight to hold the responsible party accountable. There’s no cost to you unless we recover on your family’s behalf.
Call us at (225) 999-1111 or fill out our online contact form to schedule a free consultation with our compassionate Baton Rouge wrongful death lawyers.