From an emotional perspective, filing suit over a loved one’s wrongful death is a different experience than filing over a non-fatal injury. From a legal standpoint, there are also several unique aspects of a Baton Rouge wrongful death case—in terms of the requirements and what state laws expect from plaintiffs. If you start proceedings unaware of these differences, you could have a more difficult time getting fair compensation than you originally expected.
Here, we outline some of the most significant ways wrongful death litigation differs legally and procedurally from a standard personal injury claim. If you have further questions about these rules or want the help of a compassionate and capable attorney to ensure your claim has the best possible resolution, our team at Tomeny | Best could provide the answers and support you need.
Additional Evidentiary Requirements
Any time someone files suit over any physical injury they or a loved one sustained, they must prove that the defendant’s reckless or careless act caused the losses. With unlawful death suits, though, Baton Rouge plaintiffs will also need to present specific details that prove their loved one is legally deceased and that they are related to them in a way that allows them to seek recovery.
Unique Recoverable Damages
The purpose of a standard personal injury claim is to compensate the victim for losses caused by their physical injuries, while the distinguishable part of wrongful death lawsuits is that they are meant to allow a Baton Rouge plaintiff to recover for losses created by a loved one’s premature death. It is possible to recover losses experienced by a now-deceased person between when they were hurt by someone else’s misconduct and their death date, but this requires filing a separate claim called a “survival action.”
Restrictions on Eligibility for Compensation
Only certain family members are eligible to recover compensation in Baton Rouge wrongful death cases, in the following specific priority order:
- The decedent’s spouse and/or child(ren) by blood, marriage, or adoption
- The decedent’s parent(s) by blood or adoption
- The decedent’s sibling(s)
- The decedent’s grandparent(s)
The more distant family members in this list are only eligible if no relations in the preceding categories survive to file suit themselves.
Contact Us To Learn More About Unique Features of Unjustified Death Lawsuits From a Baton Rouge Attorney
Understanding and enforcing your rights after losing a loved one can be difficult. While there are many similarities between personal injury claims and wrongful death cases, there are also many differences that could impede compensation if you are not prepared to handle them.
Fortunately, that is where the dedicated lawyers at Tomeny | Best could provide support. Call today to discuss your legal options and learn how we may help you handle the unique aspects of a Baton Rouge wrongful death case.
