Nobody wants to file a civil suit over a wrongful death. However, if you have lost a close family member to a third party’s reckless or careless actions, understanding your options for demanding civil compensation could be crucial to protecting your rights, as well as those of your surviving loved ones.
While no two cases are the same, all compensation claims follow the standard Baton Rouge wrongful death case process. Here is a broad overview of what to expect should you choose to file a claim, and how our team of compassionate wrongful death attorneys at Tomeny | Best could help to simplify and streamline the process for you.
Gathering Important Evidence and Documentation
In Baton Rouge, before you formally begin legal proceedings over an immediate family member’s wrongful death, you will need to collect as much evidence as possible that proves that your loved one passed away as a direct result of another person’s negligence. This entails not only gathering evidence of reckless or careless behavior, such as police accident reports and witness testimony, but also formal documentation establishing that your family member is legally deceased, such as autopsy reports and—most importantly—a government-issued death certificate.
Formally Filing Suit
To begin a wrongful death lawsuit, you must file a complaint with the appropriate court system. This may change depending on where your family member’s wrongful death happened and how much money you intend to demand for your damages. Support from seasoned legal counsel in Baton Rouge could be especially important to getting through this stage of the wrongful death case process as quickly as possible, as well as to ensuring that your named defendant(s) receive proper notice of your lawsuit.
Going Through Settlement Talks
Usually, filing a civil suit in Baton Rouge over a wrongful death will not lead to your case going before a civil judge and/or jury early in the proceedings. It may not happen for several months after you submit your initial claim. Instead, you will generally go through several rounds of private settlement negotiations with the named defendant(s)—or more often, their insurance companies—to see if all involved parties can agree on how much compensation you should receive and when you should receive it.
Taking the Case to Civil Court
In Baton Rouge, the process for most wrongful death claims ends when the two parties reach a settlement agreement out of court. Your case can progress to a civil courtroom if the two parties cannot reach a settlement agreement. When in court, both sides will have an opportunity to present evidence and testimony before a civil judge or jury renders a final verdict on your case.
Ask a Baton Rouge Attorney About the Wrongful Death Case Process
This is far from a comprehensive summary of every step in the process of suing somebody over a family member’s premature death, but it should give you a basic idea of what to expect should you choose to seek compensation for your loss..
You may have many questions about the Baton Rouge wrongful death case process. Whether you need help understanding the process or wish to consult with a qualified legal representative to initiate a claim, call Tomeny | Best today to speak with a member of our team about your specific situation.
