How Do You Prove Wrongful Death in a Case Where the Victim Was Terminally Ill?
Losing a loved one is never easy. When they die in a tragic way, it is even more devastating. When the victim is terminally ill, you have some time to acclimate yourself to their being sick. It doesn’t make it any easier, but it does give you time to prepare for their leaving you.
When someone dies in an accident, you don’t get this opportunity. If your loved one is killed in a car accident, you have no idea it’s going to happen. They don’t have time to plan their final affairs. They don’t get to say goodbye to their loved ones. When this happens, the person responsible needs to pay.
Some of the hardest wrongful death cases involve victims who were terminally ill at the time of the accident. It may sound cold and heartless. However, if someone is already dying, it can be very hard to prove that a third party’s action caused their death.
Your wrongful death lawyer in Baton Rouge is experienced enough to help you through these matters. They can review your case and help you decide the best way to proceed. Perhaps a lawsuit isn’t the way to go? Or, maybe your case is strong enough that it’s worth filing a wrongful death claim in Louisiana? It all depends on your situation.
How Does Your Trial Lawyer in Baton Rouge Prove Wrongful Death?
In order to prove wrongful death, you have to prove negligence. This means you have to show the following four things:
- The defendant owed your loved one a duty of care
- They breached this duty
- Your loved one died
- Their death was caused by the defendant’s breach
It won’t be hard to prove that the defendant had a duty of care. In almost all situations, your Baton Rouge trial lawyer can prove they had a duty of care. If your loved one was killed in a car crash, your lawyer will show the defendant had a duty to drive safely. If your spouse died during surgery, your attorney will prove the doctor had duty to perform the surgery properly.
It also won’t be hard to prove that your loved one died. It will usually be pretty obvious, as long as they died within a reasonable time after the accident. What will be difficult is proving that your loved one’s death was caused by the defendant’s breach of duty.
The defendant’s lawyer is going to argue that your loved one died from their terminal illness – not the defendant’s actions. This can be hard to argue with. It depends on a few things, such as:
- How long your loved one had to live at the time of the crash
- What was the exact cause of death – was it unrelated to your loved one’s illness
- How long was it between the time of the accident and the time of the victim’s death
These are hard questions. Your Louisiana wrongful death lawyer will have to prove these things and answer these questions.
What Damages Can You Demand in a Situation Like This?
In a normal wrongful death case, your Baton Rouge attorney will demand certain damages. These include:
- 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
In a situation where the victim was already dying, it’s hard to prove some of these damages. For example, you may not be allowed to demand burial services if your loved one had already set aside money for this purpose. You may also lose the right to lost wages and benefits if your loved one had already stopped working.
Contact an Experienced Wrongful Death Attorney in Baton Rouge
Losing a loved one is never easy. Losing someone in a tragic accident is one of the hardest thing you’ll ever deal with. Even if they were already sick, it doesn’t make their passing any easier.
If you’ve lost a loved one in any sort of accident, you may have a claim for wrongful death. Call and speak with an experienced wrongful death lawyer in Baton Rouge at Babcock Trial Lawyers today. They can review your case and let you know how much it may be work. They can also answer any questions you may have.
Call today and schedule your free initial consultation.