Grieving family members who are left behind after a fatal tragedy can consider filing a wrongful death lawsuit under certain circumstances, as previous posts in this blog have pointed out. However, such litigation can be especially complex, as the opposing side will fight strongly to avoid being held responsible for someone’s death. Louisiana residents should understand that there are many elements to a wrongful death lawsuit, including witness testimony and the examination of evidence.
A wrongful death lawsuit can be drawn-out and complex, as a recent case involving the death of a Shreveport man has shown. According to KTBS News, two married couples went out for a birthday celebration last summer and returned to the home of one couple after a night of drinking. Reportedly, one of the men ended up in the swimming pool for several hours, and he died when the others failed to notice him unresponsive in the water. Authorities claimed the drowning was accidental, but the man’s widow has filed a wrongful death lawsuit against the other couple, claiming her husband would have survived if they had not taken a long time to rescue him from the water after noticing him, and if he had not been allowed in the pool while highly intoxicated. Video surveillance of the incident is being considered as evidence for the lawsuit, although it is unclear which side the evidence will support.
Litigants should be aware that evidence, testimony and other parts of a wrongful death case will be stringently examined, both to prove fault and to protect innocent parties.