Losing someone you love is one of life’s greatest sorrows. When another party’s fault causes their death, your grief can feel overwhelming.
Unfortunately, insurance companies and defense attorneys work hard to deny, delay, and devalue wrongful death claims. You need an experienced Baton Rouge wrongful death lawyer to help you secure the compensation you are entitled to.
At Chris Corzo Injury Attorneys, we hold defendants and their insurers accountable. If they refuse to offer you a fair settlement, we will take them to trial to protect your rights and help you recover maximum compensation.
Call a wrongful death attorney today at (225) 999-1111 or visit our contact page and schedule a free consultation to discuss your wrongful death claim.
Why Some Wrongful Death Cases Go to Trial
The vast majority of our wrongful death cases are settled without going to trial. However, sometimes going to trial is necessary to recover the full value of your claim.
Some common reasons wrongful death cases go to trial include:
- Fault is disputed. If the defendant and their insurer deny liability, a trial may be necessary to prove your claim. Most wrongful death cases are based on negligence. We would need to prove that the defendant owed your loved one a duty of care, that they breached that duty, that their breach caused your loved one’s death, and you suffered damages due to your loved one’s death.
- Your loved one was partially at fault in the accident. If your loved one was partially at fault, your compensation will be reduced by the percentage of fault assigned to them. Under Louisiana’s modified comparative fault law, if your loved one is deemed to be 51% or more at fault, you will be barred from recovering any compensation. Insurance companies seize every opportunity to shift blame to help them avoid or reduce liability. If the insurance company argues that your loved one was more at fault than the facts of your case show, we will take them to trial and hold them accountable.
- The amount of damages is disputed. If the defendant and their insurer refuse to offer a fair settlement for your claim, we may need to go to court and prove the full value of your damages.
- The insurance policy limits are very high. The more the insurer has at stake, the more likely it is to fight the claim and the greater the chances your case will proceed to trial.
- The insurance company acts in bad faith. When an insurer refuses to deal in good faith to settle a claim, no amount of negotiations will work. In those cases, a trial is necessary to recover the compensation you deserve.
- The defendant is uninsured. If a defendant does not have insurance coverage to pay for your damages, they may be more likely to go to trial and take their chances rather than settle your claim. If we evaluate your claim and determine that the defendant has sufficient assets to pay your damages, we will take them to trial to hold them accountable.
At Chris Corzo Injury Attorneys, our Baton Rouge wrongful death lawyers work hard to settle your case as quickly as possible. But when an insurer refuses to settle your claim fairly, we will take them to trial and demand the full value of your claim.
Steps in a Louisiana Wrongful Death Trial
Trial proceedings and timelines vary depending on the facts of each case. However, if your case is set for trial, you can typically expect to proceed through the following steps:
- The first step involves pretrial procedures such as issuing interrogatories, requests for production of documents, and taking depositions. This phase also includes filing pre-trial motions and attending hearings on those motions.
- You will either have a jury trial or a bench trial. In a jury trial, the next phase is jury selection, which can typically be completed in less than a day. If your case is a bench trial, there is no jury since a judge will decide your case.
- Your attorney and the defendant’s attorney will present opening statements summarizing their arguments and telling the court what they expect to prove.
- Next, each side will present its evidence via witnesses and documents such as medical records and other exhibits.
- Each side will cross-examine the witnesses to discredit their testimony when possible.
- Once each side has presented its case, they will make closing arguments, and then the jury will begin deliberations, or the judge may recess to make their decision.
- The jury or judge will return the verdict.
An experienced wrongful death lawyer in Baton Rouge will guide you every step of the way and help make the trial process as smooth as possible.
How a Baton Rouge Wrongful Death Attorney Can Help During a Trial
A wrongful death lawyer can carefully investigate the accident or incident that caused your loved one’s death to identify all possible causes and potentially liable parties. They can take quick action to help preserve vital evidence that can be lost or destroyed over time, and they can help uncover the facts necessary to build your strongest case.
Your wrongful death attorney in Baton Rouge can help determine and accurately value your damages, so you understand what a fair settlement for your claim would be and can protect your rights. They can help negotiate a fair settlement of your claim as quickly as possible. If a fair settlement cannot be reached, they can take your case to trial to help you recover the compensation you deserve.
At trial, your wrongful death lawyer can submit the best evidence to establish causation and liability and prove the existence and value of your damages. They will cross-examine the defendant’s witnesses to help weaken their arguments and to present your strongest case.
You don’t have to face this challenge alone. At Chris Corzo Injury Attorneys, our team of Baton Rouge lawyers has helped secure billions of dollars in compensation for our clients, and we’re committed to helping you recover maximum compensation for your wrongful death claim.
Call our Baton Rouge wrongful death attorneys at (225) 999-1111 or visit our contact page and schedule a free consultation to discuss your claim.