Who Can File for Wrongful Death in Baton Rouge?
Some of the hardest cases for personal injury lawyers to handle are wrongful death cases. Knowing a family has suffered such a major loss can be heartbreaking. But this is all the more reason why your lawyer will fight to get you justice.
People get into accidents every day. Thankfully, most people suffer only minor injuries. Or, they recover from very serious injuries. It may take time, but eventually, most people do recover. If this is the case, they’ll be entitled to damages.
Sadly, some people never recover from their injuries. Their injuries are so severe, they pass away. If their injuries were caused by the actions of another, their loved ones may be entitled to file a wrongful death claim.
Only certain people can file for wrongful death in Louisiana. The general rule is that you must be closely related to the victim in order to file suit. Unlike many other states, Louisiana does allow family members to file for wrongful death. It’s not limited to just the personal representative of their estate.
If you’ve lost a family member to a tragic accident, you may have a claim for wrongful death in Baton Rouge. If this is the case, you’re going to want to rely on an experienced wrongful death lawyer.
What is Wrongful Death?
Technically, wrongful death is when someone dies due to the fault of another. This is usually the result of negligence. Someone makes a mistake and, as a result, somebody else dies. If you can prove the defendant was responsible for your loved one’s death, you will have a valid claim for wrongful death.
Some of the more common types of wrongful death claims involve the following types of accidents:
- Car accidents
- Medical malpractice
- Dangerous drugs
- Product liability
- Premises liability
Any accident that involves serious injuries can result in wrongful death. Your personal injury lawyer in Baton Rouge will have to prove the defendant was negligent. To do this, they must show the following four (4) things:
- The defendant owed the victim a duty of care
- They breached this duty
- The victim died
- Their death was directly caused by their breach
For example, all drivers are required to obey all traffic laws. The defendant was drinking and driving and crashed into your husband’s car. Your husband suffered serious injuries and was rushed to the hospital. Despite several surgeries, your husband succumbed to his injuries and died.
In this example, since the defendant was driving drunk, the court will find they breached their duty of care. Your husband died and his death was directly caused by his accident injuries. The defendant should be held liable.
What Kinds of Damages Can You Claim in Your Wrongful Death Suit?
When you lose a family member, you need time to grieve. You have to take care of your family and learn how to live without your loved one. The last thing you need to do is deal with insurance companies and lawyers.
This is why you need to retain an experienced wrongful death lawyer in Louisiana. Your lawyer will file your insurance claims. They will also try to negotiate payment of your claim with the insurance adjuster.
If this doesn’t work, your attorney will have no choice but to file suit on your behalf. In this suit, they’ll demand that you receive compensation for your loss. In Louisiana, you’re entitled to the following types of damages in a wrongful death claim:
- Funeral and burial expenses
- Medical bills
- Lost wages and benefits
- Value of the loss of household services
- Any property damage your loved one suffered as a result of the accident
- Pain and suffering your loved one experienced before they died
- Loss of care, companionship and support suffered by the victim’s family
Wrongful death cases tend to award high amounts of damages. Depending on how old your loved one was when they died, your claim could be worth hundreds of thousands of dollars – even millions. Your Baton Rouge personal injury lawyer will work hard to get you the compensation you deserve.
Contact an Experienced Personal Injury Lawyer in Baton Rouge Today
If your loved one was killed in some type of an accident, you need to call an experienced personal injury lawyer in Baton Rouge. Your lawyer at Babcock Trial Lawyers can review your case and let you know if your family is entitled to compensation.
Call today and schedule your free initial consultation. And remember – you pay nothing until you settle your case.