If you recently lost a loved one to a preventable accident, you know that no amount of money or legal punishment can erase the pain your family is unjustly forced to endure. It is vital to seek fair financial compensation to protect your family’s long-term best interests for the harm you are all experiencing from a loved one’s premature death. To accomplish that, you must prove who was legally liable for causing or facilitating their death.
Determining negligence in Iberville Parish wrongful death claims can be complicated legally and personally, especially if the at-fault parties respond aggressively to being held liable for misconduct. Fortunately, help is available from our dedicated attorneys at Tomeny | Best, each of whom will fight for your family as if it were their own in pursuit of the best possible outcome.
What Makes Someone Legally at Fault for a Wrongful Death?
Whether an accident results in a minor injury, lifelong disability or disfigurement, or fatal harm, civil fault for damages generally lies with whoever is most responsible for causing it through negligence. In brief, someone is legally negligent if they owe a duty of care to act responsibly under certain circumstances, then violate that duty in some way and cause an accident that directly results in someone suffering a physical or fatal injury.
To establish negligence in a civil court overseeing an Iberville Parish unjust death suit, you must prove fault based on a preponderance of the evidence. As our attorneys can explain in more detail, this is a less strict standard of proof than the beyond a reasonable doubt standard applicable to criminal cases, as it only requires you to show through a preponderance of available evidence that your loved one’s death more likely than not stemmed directly from the at-fault parties’ misconduct.
Holding Multiple People Liable for a Fatal Accident
It is not uncommon for one person’s reckless or careless act to create a fatal accident. However, there are many cases where multiple people may hold partial fault for causing an avoidable fatal accident in Iberville Parish through irresponsibility, or where an employer or other organization may hold vicarious liability for an employee’s carelessness.
In these situations, Louisiana takes a unique approach with a legal concept known as joint and several liability, as it only allows defendants to be held fully liable for damages based on partial fault for an injury if all defendants involved in a particular claim conspired together to cause harm through an intentional or willful act. Otherwise, you can only demand compensation from a single defendant equivalent to the percentage of fault they individually hold for your damages.
Contact an Iberville Parish Attorney for Help Deciding Negligence in an Unwarranted Death Lawsuit
It is always challenging to pursue wrongful death lawsuits, even if it seems obvious that a specific person is culpable for your family member’s premature death. Our compassionate and capable legal team could help you in determining negligence in Iberville Parish wrongful death claims and has a better chance of securing the compensation your family needs.
We can discuss your unique circumstances and offer preliminary guidance about next steps during a private initial consultation. Contact Tomeny | Best to schedule one today.
