Georgia Wrongful Death Cases: How to Prove Liability (PDF)
In order to recover compensation in a wrongful death claim, your lawyer will compile evidence in order to prove that the negligent party is responsible. If you are unsure whether or not you are eligible to file for a wrongful death lawsuit, call Atlanta Injury Law Center and schedule a free consultation with an attorney to get your preliminary questions answered. Getting your life back on track after a terrible accident requires a clear path to justice moving forward.
How can I prove liability in a wrongful death case in GA?
When a loved one passes away, many people are in mourning. However, only certain individuals have the legal right to file a wrongful death claim. The first party to file a wrongful death claim is the surviving spouse. In the absence of a surviving spouse, the victim’s surviving children may file the claim. In the absence of children or spouses, the deceased’s parents or other relatives may be eligible.
However, you must prove that the negligent party had a legal duty to protect the deceased from death in order to recover compensation in a wrongful death lawsuit, regardless of who files the lawsuit. An individual who dies while committing a crime or trespassing on another’s property is not owed a duty of care by the owner of that property. The other drivers on the road, however, owe your loved one a duty of care if they were involved in a car accident.
Having proven the negligent party owed your loved one that duty of care, you must also prove that the negligent party breached that duty, which caused the accident. Sometimes the negligent party failed to maintain conditions for safety, acted carelessly, or failed to repair hazards that put your loved one at risk. Finally, it must be proven that your loved one died as a direct result of this breach.
When a loved one dies due to a tragic accident, it is especially devastating. It is possible to seek justice and compensation for your damages if your spouse, parent, child, or relative was owed a duty of care that was breached, resulting in a fatal accident.
It is important to contact a wrongful death lawyer in Atlanta as soon as possible, as you may be eligible to receive compensation not only for the medical bills and lost earnings of your loved one but also for their loss of companionship. Georgia wrongful death lawyers can help you every step of the way, so you don’t have to suffer alone.
