What are Some Things That Can Jeopardize Your Wrongful Death Case in Baton Rouge?
Some of the hardest cases for personal injury lawyers in Baton Rouge to handle are wrongful death cases. Knowing their client is grieving makes it even more important that they get them justice. It’s also critical that they get their client compensation for their loss. If someone has caused the death of their loved one, they need to be held accountable.
As with any other sort of personal injury lawsuit, it’s important that you take certain steps to preserve your rights. One wrong move could jeopardize your entire lawsuit. It’s hard enough to lose your loved one. You don’t want to lose your wrongful death lawsuit as well.
In order to prove wrongful death, you need to show negligence. Your trial lawyer in Baton Rouge is well aware of what it takes to do this. Most personal injury cases are based on negligence. To demonstrate negligence, your lawyer must show the following four (4) things:
- The defendant owed your loved one a duty of care
- They breached this duty
- Your loved one died
- Their death was a result of the defendant’s breach
This article will briefly explain how your trial lawyer will prove these four elements of negligence. It will also point out some mistakes that can be made along the way. These mistakes can actually jeopardize your wrongful death case. That’s why it’s so important that you retain a wrongful death attorney early on.
How to Prove Negligence in a Wrongful Death Case
As mentioned above, you need to prove all four (4) elements of negligence to win your wrongful death case. If your trial lawyer does that, you should have a good chance at recovering damages on behalf of your loved one.
It’s not that difficult to prove the defendant owed your loved one a duty of care. This duty will depend on the circumstances surrounding their death. If they died in a car accident, for example, the duty of care is obvious. All drivers owe other people on the road a duty of care. This includes a duty to obey all traffic rules.
To show that the defendant breached their duty, you have to show that they didn’t act the way a reasonable person would. In the example here, if someone was doing 90 mph in a 60-mph zone, they will have breached their duty of care. Not only did they break the law by speeding, but driving this fast would be considered reckless.
Proving that your loved one died won’t be hard. Clearly, there will be evidence that they passed away. The harder part will be proving that they died as a result of the defendant’s breach of duty. In the speeding scenario, your Baton Rouge trial attorney would simply submit evidence that your loved one died within a reasonable time after the car crash.
Mistakes that Can Jeopardize Your Claim
Your attorney is going to do their best to prove negligence. They’ll meet with you and gather the evidence necessary to prove your claim. However, there are certain things you and your family may do that can make it hard to prove your case.
Some of the things that may jeopardize your wrongful death claim include:
- There is no documentation of the accident that caused your loved one’s death – For example, if there is no police report for the car accident, it may be difficult to gather enough evidence to prove the defendant was at fault.
- There were multiple people involved in the crash but you only pursued one of them – It could be that more than one driver was involved in the accident. If you only file suit against one of the drivers, you could jeopardize your chances at recovery.
- You miss the statute of limitations – You only have a certain period of time in which to file your lawsuit. In Louisiana, you have one (1) year to file your claim. If you miss this deadline, you essentially forfeit your right to file suit.
Contact an Experienced Trial Lawyer in Baton Rouge Right Away
If your loved one has died in any sort of accident, you need to call a trial lawyer in Baton Rouge right away. You only have one (1) year to file your wrongful death lawsuit. That year starts on the day your loved one passes away. This is why it’s important to contact an attorney right away.
Call Babcock Trial Lawyers today and schedule your free initial consultation.