If you recently lost a close family member in a preventable accident, it is entirely natural to feel conflicted about those you believe were at fault. However, when pursuing financial accountability through the civil court system, the key question becomes whether you can prove that the defendant was primarily and directly responsible for your loved one’s death.
In most cases, proving your claim means showing that the defendant(s) acted negligently—a process that may sound simple in theory but is more complex once the legal process begins. Fortunately, you have help available to you from our capable attorneys at Tomeny | Best with determining negligence in Baton Rouge wrongful death claims.
Establishing Negligence in a Wrongful Death Case
Louisiana state law requires that four criteria be met to hold someone legally negligent and financially responsible for damages resulting from an accident they were involved in:
- The defendant had a duty of care, which required them to act responsibly—such as obeying traffic laws and staying alert when driving
- The defendant breached their duty of care by committing a specific reckless, careless, and/or unlawful act
- The defendant’s breach of duty was the proximate—leading and direct cause of an accident that would not have occurred otherwise
- The defendant’s actions caused an accident to someone whom they owed a duty of care—in this scenario, an accident that led to a fatal injury to your immediate family member
To establish negligence in a Baton Rouge wrongful death case, you must show that your case meets all required criteria by a preponderance of the evidence—that is, it is more likely than not that negligence occurred based on all available information.
Holding Third Parties Liable for Indirect Negligence
In many cases, the person most responsible for a wrongful death is someone who was directly involved in the accident that caused it. However, fault can also lie with someone who was not at the scene—for example, a mechanic who failed to spot and replace faulty brakes before the vehicle caused a fatal crash.
Employers may also bear vicarious liability for damages when their employees act negligently on the job. However, determining negligence in this way during a wrongful death claim in Baton Rouge can be particularly tricky without the support of a seasoned legal professional.
Contact a Baton Rouge Attorney Today for Help With Establishing Negligence in a Wrongful Death Claim
You have the right to seek civil compensation for both the damages you have already experienced and those you expect to face after losing a family member to an accident that was not their fault. However, the individuals you sue also have legal rights, and the court will not automatically hold them responsible for your loved one’s death just because they were involved in the same accident and survived.
Because of this, determining negligence in Baton Rouge wrongful death claims is often the most critical factor in the outcome. Call today to learn how our team at Tomeny | Best can help you establish civil fault for your family member’s untimely death and strengthen your case.
