A personal injury claim is only as strong as the supporting evidence, and this principle is also true for wrongful death litigation. However, evidence collection in a wrongful death claim can be confusing and potentially obstructive.
Gathering evidence in Baton Rouge wrongful death cases is an aspect of the legal process where our seasoned attorneys at Tomeny | Best could provide invaluable assistance. Here is an overview of the kinds of evidence you should try to obtain and what each category may help establish in a civil court system.
Legal Proof of Death
In addition to proving someone else is at fault for an untimely death in Baton Rouge, you must provide evidence establishing that your loved one is legally deceased. Birth and death records are not public in Louisiana, so you must request a copy of your family member’s death certificate from the Louisiana Vital Records Central Office or a city Clerk of Court. You also need copies of autopsy reports if applicable.
Proof of Relationship to the Deceased
In addition to establishing a date, time, and presumed cause of the wrongful death, you must prove your relation to the deceased through government-issued documents or IDs before you can sue for compensation in Baton Rouge. The right to civil recovery of damages from an untimely death case falls to the decedent’s surviving family members in this order: spouse and/or child(ren), parent(s), sibling(s), and grandparent(s).
Causes and Effects of a Fatal Accident
When gathering proof for a wrongful death lawsuit in Baton Rouge, you must collect as much objective information as possible to establish that a specific person was at fault for causing your loved one’s premature death. You should also provide evidence that the death caused your family to suffer financial losses. Our attorneys can help you find, preserve, and effectively use police accident reports, surveillance camera footage, accident scene photos, medical bills and invoices, and pay stubs or tax returns to illustrate lost income.
Impact of a Wrongful Death
Finally, you should not discount the value of subjective personal testimony when establishing fault and losses for a Baton Rouge wrongful death claim. Beyond acquiring witness accounts for the fatal accident, you could also gather personal statements from family members about the emotional impact of your loved one’s death, including diary and journal entries. Additional statements and input from subject matter professionals, such as child psychologists, could prove valuable.
Contact a Baton Rouge Attorney for Help Gathering Proof in an Untimely Death Lawsuit
Depending on the circumstances that led to your family member’s death and who is at fault, you may need other forms of evidence besides those listed here to create the strongest possible claim. Our compassionate attorneys have the resources to help with gathering evidence in Baton Rouge wrongful death cases.
The team at Tomeny | Best can provide the custom-tailored support you need to achieve the best possible outcome from your lawsuit or settlement demand. Contact us today to discuss your options.
