The death of a child is an unimaginable loss that no parent or family member should ever have to contend with. When your grief coincides with the knowledge that this death could have been avoidable if not for someone else’s negligence, the pain can be even deeper.
If you or a loved one have been affected by what you believe to be the wrongful death of a minor in Baton Rouge, you should speak with a wrongful death attorney. A legal professional could help you hold the person or entity responsible for financial damages incurred because of your loved one’s passing.
Who Can Sue for the Wrongful Death of a Minor?
Louisiana law specifically outlines who is entitled to bring a wrongful death claim. In most wrongful death cases, the decedent’s surviving spouse or children are first in line to bring this type of lawsuit. However, this would not generally apply in a situation involving the wrongful death of a minor in Baton Rouge. In these cases, the law gives first preference to the decedent’s parents if they wish to take legal action.
If the child died and did not leave surviving parents behind, their siblings may be legally entitled to file a wrongful death case. Finally, if none of these family members survive, the child’s grandparents have the legal authority to file a wrongful death lawsuit seeking damages.
Proving Negligence for a Child’s Death
Wrongful death claims can arise from a range of terrible accidents. Examples include instances of medical negligence, motor vehicle accidents, sports accidents, drowning accidents, or deadly harm sustained from the use of a dangerous or defective consumer product.
To prove a wrongful death case, the plaintiff (the person bringing the lawsuit) needs to show that the party or party they are suing failed to observe a specific duty of care and that this failure was the subsequent cause of the child’s death.
Any wrongful death claim must be backed up by a wide body of evidence. These forms of evidence could include accident reports, photos, video footage, medical records, witness statements, and testimony from expert witnesses. A Baton Rouge attorney with extensive resources could collect all available evidence to demonstrate how negligence led to the wrongful death of a minor.
Recoverable Damages for the Wrongful Death of a Minor
Eligible family members in Baton Rouge could recover multiple types of damages connected to the wrongful death of a minor. These could include the costs associated with the minor’s injuries and death, as well as damages that the child could have claimed for their harm had they lived.
For example, recoverable compensation could include funeral and burial costs, as well as medical bills accrued prior to the child’s passing. It may also be possible to claim monetary damages for the child’s pain and suffering prior to their death, as well as the lost companionship, love, and affection the family has experienced due to losing their beloved child.
Most wrongful death claims are subject to a one-year statute of limitations. This means that it is important to act quickly to preserve the right to file a lawsuit or else risk missing out on the ability to do so forever.
Talk With a Baton Rouge Attorney About Filing a Claim for the Wrongful Death of a Minor
No amount of money can compensate for the loss of your child’s precious life. However, by filing a wrongful death claim against the party whose negligence caused or contributed to your child’s death, you can achieve a measure of justice as well as financial stability.
An attorney could investigate the wrongful death of a minor in Baton Rouge and leave no stone unturned to get you the compensation you deserve. Call Tomeny | Best today to speak with a compassionate wrongful death attorney about the potential next steps for your case.
