How to Prove Negligence in a Wrongful Death Case in Louisiana?

When someone is unexpectedly killed because of another person’s reckless or careless behavior, Louisiana law provides a framework to allow surviving family members to pursue justice through a wrongful death lawsuit. Many grieving family members are aware of this option, but are unsure about their ability to win, asking themselves how to prove negligence in a wrongful death case in Louisiana.

To hold at-fault parties accountable and protect your rights, it’s crucial to understand how to prove negligence in a Louisiana wrongful death case.

What Is Considered a Wrongful Death in Louisiana?

A wrongful death case happens when an individual dies in a way that’s directly linked to the negligence, intentional misconduct, or recklessness of another party. Wrongful death cases can arise in a variety of situations, such as medical malpractice, truck accidents, car accidents, defective products, workplace accidents, and nursing home neglect. Intentional violent acts or physical assaults can also be grounds for a wrongful death lawsuit.

Louisiana law permits surviving family members to pursue civil claims against another who may be responsible for their loved one’s death. This is separate from any other criminal charges that could also apply to the case.

Why These Cases Matter in Louisiana

Unfortunately, wrongful deaths are a tragic part of life in the state of Louisiana. According to CDC WISQARS data, there were 4,038 unintentional injury deaths in Louisiana in 2023 alone. Furthermore, the state reported 837 homicides, with many of them potentially involving civil wrongful death actions.

The impact is real and devastating: these deaths resulted in 76,820 years of potential life lost from unintentional injuries alone.

Understanding the Core Elements of Negligence

The four legal elements that must be established to prove negligence in a wrongful death case in Louisiana are duty of care, breach of duty, causation, and damages. Duty of care means that the defendant owed some sort of legal duty to the deceased with reasonable care. An example is that medical professionals have a duty to provide sound medical care to patients.

The next element, breach of duty, requires showing evidence that the defendant failed to meet the said duty. Examples of breach of duty include running a stop sign, performing surgery while distracted, or failing to adequately maintain property conditions for visitors.

To prove the third core element of negligence, which is causation, there needs to be a clear link between the victim’s death and the defendant’s breach of duty. In legal language, this is known as proximate cause.

Finally, it must be proven that the accident victim’s surviving family members suffered from measurable, real damages because of their loved one’s death. Examples of damages can include emotional suffering, funeral expenses, lost income, loss of companionship, and loss of consortium.

Strong and substantial evidence, such as witness statements, video or photo evidence, police or accident reports, medical records, death certificates, maintenance logs, and more, is required to prove each of these elements. Therefore, it is crucial for surviving family members to hire a wrongful death attorney who has decades of experience and success stories.

FAQs

What Is Needed to Prove Negligence in a Wrongful Death Case in Louisiana?

To prove negligence in a wrongful death case in Louisiana, it’s important to establish four key legal elements, which are duty, breach, causation, and damages. A dedicated wrongful death attorney can help you fully understand what each of these elements means and help you work towards collecting evidence and building up your case to ensure that negligent individuals are held accountable for their actions or inaction.

Who Can File a Wrongful Death Lawsuit in Louisiana?

There are specific surrounding family members who can file a wrongful death lawsuit in Louisiana, and this starts with the spouse and the children. If there are no living children who are spouses, rights then pass on to parents, and then siblings, and after that, grandparents. If you have lost your loved one to an accident caused by another person or entity’s negligence, a skilled wrongful death attorney can help you understand whether you may be eligible to file a lawsuit.

How Long Do I Have to File a Wrongful Death Lawsuit in Louisiana?

The amount of time you may have to file your wrongful death lawsuit in Louisiana is dependent on the specific details of your case. If your case, for example, involved a government entity, then procedures and deadlines may be different. It’s important to note, however, that Louisiana has some of the most restrictive statutes of limitations in the country, making it crucial to act fast to make sure you can maintain your right to pursue justice on time.

What Types of Evidence Help Prove Negligence?

The types of evidence that can help prove negligence include photos and videos of the accident scene, testimony from experts, medical records, statements from witnesses, and formal reports about the accident. By working with a dedicated wrongful death lawyer, you can make sure that all evidence collected and presented clearly shows that the actions of the defendant were linked to the death of the victim.

Can a Criminal Case Help Prove Negligence in a Civil Wrongful Death Case?

Although criminal cases are separate from wrongful death cases, evidence from these types of cases could potentially be helpful. It is not necessary to have a conviction to win a wrongful death case. By working with a Louisiana wrongful death attorney, you can work to optimize your legal strategy to prove negligence, protect your rights, and hold the offender accountable for their actions.

Hire a Wrongful Death Attorney

At Jacqueline A. Scott & Associates, we deeply understand that there is no amount of money that could ever replace your loved one. Fortunately, however, a successful wrongful death case can bring accountability, financial stability, and a sense of closure in the wake of a tragedy. We are here to walk with you through all the legal and bureaucratic challenges to fight for the justice that you and your family deserve.

Contact our team today and let us put our knowledge and experience to work for you.