Proving causation in a wrongful death claim

On Behalf of | Jun 2, 2023 | Wrongful Death

Losing a family member or a loved one due to the actions of someone else is a traumatizing experience with effects that often last a lifetime.

Louisiana allows you to pursue a wrongful death action in these types of circumstances. A wrongful death lawsuit is brought in civil court, rather than criminal court, and your remedy is monetary compensation, rather than jail time or other criminal penalties.

While nothing can make up for the loss of your loved one, a wrongful death lawsuit can hold the responsible party accountable and help you and your family recover financially.

Causation is one piece of proving negligence

Proving wrongful death requires showing that the party at fault was negligent.

This means that they had a duty of care that they breached through their actions. You must also provide evidence of the damages you sustained, which can include medical costs, funeral expenses and an amount for mental and emotional distress.

Succeeding in a wrongful death lawsuit also involves proving that the death occurred because of the fault of another person. This is often the most challenging element to prove.

You must prove that the breach of the duty of care directly caused the death of your loved one. This means showing that without the negligent person’s actions, your loved one would not have passed away.

Evidence that can prove causation

Causation can be proved through various types of evidence, such as witness statements, accident scene photos or medical records.

Compensation from a wrongful death lawsuit cannot bring your loved one back, but it can provide you with some measure of peace and comfort as you work on rebuilding your life.

Pursuing a wrongful death claim can feel overwhelming and confusing while you are grieving for your loved one. A professional can take care of all the legal requirements and work on proving your case, allowing you to focus on your healing and recovery.