The death of a loved one in a preventable accident is devastating, especially when you have to accept that someone else’s carelessness caused so much heartache and destruction.
However, a Baton Rouge wrongful death lawyer could help you and your bereaved family get justice. A skilled and compassionate injury attorney could fight for money damages and to hold the responsible party accountable to help you move through your grief.
Circumstances That May Lead to Wrongful Death
Nearly any accident can lead to a wrongful death lawsuit if someone’s negligence contributed to it. A wrongful death attorney handles cases that arise from all kinds of fatal accidents in Baton Rouge, including:
Proving negligence requires you to demonstrate that the defendant owed your loved one a duty and breached that duty. You also must show that the defendant’s breach caused the incident that killed the decedent. The death doesn’t have to occur immediately—an accident that later led to your loved one’s death could support a wrongful death lawsuit.
Bringing a Wrongful Death Action
The law permits only certain people to bring a lawsuit seeking damages for a loved one’s wrongful death. According to Louisiana Civil Code 2315.2, the surviving spouse or children could bring a claim. A parent could sue for wrongful death if their child left no spouse or children. When a decedent leaves no spouse, children, or parents, siblings are permitted to sue. However, if no closer relatives are available, grandparents could sue for their grandchild’s wrongful death.
Wrongful death is a civil action, and if it is successful, the result is an award of money to your family. The act that caused the death doesn’t need to be criminal—negligence is enough to support the action.
Damages in a wrongful death action represent the financial contribution the deceased person would have made to your life if they were still alive. Damages also include services your loved one would have contributed to your household—this includes things like childcare, home maintenance, cooking, and caretaking.
Immediate Action is Critical
State law offers you only one year from the date of your loved one’s death to file a wrongful death lawsuit. A failure to file a lawsuit within the designated timeframe could prevent you from ever getting your day in court. Although it’s harsh to expect a grieving family to be ready to pursue justice so soon, if you don’t act quickly, you could lose your right to seek damages forever.
When an accident causes a death, insurers for the responsible parties begin building a defense case immediately, sometimes even before having put your loved one to rest. Once you consult a Baton Rouge attorney to pursue a wrongful death lawsuit, they could begin building your case and perhaps open negotiations with the responsible parties’ insurers. The sooner a professional can begin working on the case, the stronger it is likely to be.
Get Justice with a Compassionate Baton Rouge Wrongful Death Attorney
It might feel improper, even callous, to think about financial matters when you’re deep in grief. It also could be hard to focus on practicalities right now.
A Baton Rouge wrongful death lawyer is ready to take some of those burdens off of your shoulders. Schedule a consultation to get an understanding advocate working for your family today.