How Do You Prove Wrongful Death?
Dealing with the death of a loved one is a painful process, sometimes made even more traumatic by knowing the death could have been prevented if only someone else had taken reasonable care. A wrongful death claim against the responsible party doesn’t erase what happened, but it can bring a sense of justice and closure while also relieving the family’s related economic losses. A successful wrongful death claim in Atlanta can be the key to moving forward, but first, it’s imperative to understand how to meet the burden of evidence in your family’s claim.
Understanding Burden of Proof In Georgia Wrongful Death Claims
Under GA Code § 51-4-2 (2024), only a close surviving family member, such as a spouse, parent, or child of the decedent, may file a wrongful death claim. As the claimant, or plaintiff, in the case, the burden of proof is on the family member to show that the death was caused by someone else’s careless, reckless, or intentionally wrongful action—all examples of legal negligence. The evidence must demonstrate the legal standards of negligence and liability.
In a civil action, such as a wrongful death claim in Georgia, the burden of proof is lower than in a criminal case, which must prove guilt “beyond a reasonable doubt.” In a personal injury or wrongful death claim, the claimant must prove fault through a “preponderance of the evidence,” or show that it’s more likely than not that the responsible party caused the death.
What Are the Elements of Liability Required to Prove Wrongful Death In Georgia?
A wrongful death claim is a type of Georgia personal injury lawsuit, requiring the injured party or their surviving family member to prove that legal negligence occurred. The evidence in a Georgia wrongful death claim must demonstrate the following:
Duty of Care:
The evidence presented must show that the at-fault party owed a duty of care to the decedent requiring them to take reasonable action to avoid causing harm. For instance, a driver has a legal duty to follow traffic laws to prevent injury to others on the road, and a property owner has a legal duty to repair safety hazards on their property to prevent injury to those lawfully present there.
Breach of the Duty of Care:
The evidence proving wrongful death must show that the responsible party (defendant) breached or violated their duty of care to the injury victim through negligent actions.
Causation:
The evidence must show that the defendant’s breach of their legal duty of care directly caused the fatal injury.
Damages:
Finally, the evidence must demonstrate that the plaintiff suffered economic and non-economic damages from the injury or death. In wrongful death claims, the evidence must show that the surviving family member suffered economic damages such as funeral and burial costs, family income loss, and loss of household services. Non-economic damages include grief, anguish, and loss of companionship and support.
What Types of Evidence Do I Need for a Wrongful Death Claim?
Proving that a loved one’s preventable death was not only an affront to the grieving family, but a legally wrongful death requires compelling evidence. Common evidence in Georgia wrongful death claims includes the following:
- Police reports or accident reports
- Medical records and medical examiner’s reports
- Eyewitness testimony
- The testimony of medical experts and other experts, such as accident reconstruction specialists
- Receipts showing funeral and burial costs
- Evidence of a family member’s lost wages during the grieving process
- Evidence of the loss of a provider’s income
Most Georgia wrongful death claims are resolved through a settlement from the at-fault party’s insurance, such as auto insurance after a car accident or commercial property insurance after an apartment fire. In about 4% of cases, a wrongful death claim goes to trial.
How Can a Georgia Wrongful Death Attorney Help Me?
A wrongful death lawyer in Atlanta, Georgia has investigative experience and access to medical experts and other resources to make a compelling claim that meets the required burden of proof. Call or contact a compassionate, assertive Georgia wrongful death attorney at Piasta Walker Hagenbush, LLC online to learn more about your legal options through a free evaluation of your case.