Death is an inherently difficult subject to broach, made all the more harrowing when a loved one’s passing comes as the result of another’s negligence in Louisiana. For friends and family left behind, navigating the aftermath of such a loss can be both emotionally and legally complex. However, in cases where a loved one’s passing is due to negligence or intentional acts, Louisiana law may afford the opportunity for survivors to seek compensation through a wrongful death claim. Understanding whether you have grounds for such a case involves several critical considerations. At Broussard Injury Lawyers, our team is committed to offering compassionate support and strong legal representation to those navigating these challenging times. Here, we outline the foundational elements necessary to establish a wrongful death case in Louisiana.
Breaking Down What You Need to Win Wrongful Death Damages in Louisiana
The Burden of Proof is on You
In wrongful death cases, as in much of civil litigation, the responsibility to prove the case rests with the claimant. This means that the surviving family members or the representatives of the deceased’s estate must convincingly demonstrate that the death resulted from another party’s actions or inactions.
Duty of Care — What Should the Other Party Have Done?
Central to a wrongful death claim is establishing a ‘duty of care’ owed by the defendant to the deceased. This legal concept dictates that the party at fault was responsible for acting in a manner that would prevent harm. In wrongful death cases, this might mean proving that a driver should have obeyed traffic laws, a manufacturer should not have produced a faulty product, or a property owner should have maintained a safe environment.
Causation — How Someone’s Actions Led to the Death of a Loved One
Proving causation involves linking the defendant’s breach of duty directly to the events leading to death. This means showing a clear connection between the negligent action and the resulting fatality. For example, in a car accident, it must be shown that the crash — and the injuries sustained therein — were the direct causes of death, not some unrelated factor.
Damages
To warrant compensation, the claim must include a detailed account of the damages suffered because of the wrongful death. These damages can be wide-ranging, including funeral and burial costs, lost wages and future earnings the deceased would have provided, medical expenses prior to death, and compensation for the pain and suffering experienced by the deceased before death and the surviving family members.
Trust Our Wrongful Death Attorneys in Louisiana for Relentless Advocacy
Navigating a wrongful death claim in Louisiana requires a deep understanding of the law and a dedicated advocate who can navigate the complexities of your case with both skill and sensitivity. At Broussard Injury Lawyers, our wrongful death attorneys are committed to pursuing justice for your loved one and ensuring that you receive the comprehensive compensation you deserve.
If you’re facing the devastating loss of a loved one due to another’s negligence, let our experienced team guide you through the legal process. Contact us today for compassionate assistance and relentless legal advocacy in your time of need. Our wrongful death attorneys in Louisiana are here to stand beside you every step of the way.
