Losing a loved one to wrongful death is an unimaginable tragedy. The pain and grief can be overwhelming, and amidst this difficult time, knowing your rights and seeking justice may seem like an insurmountable task. However, it’s essential to understand that if you have lost a spouse, parent, child, or relative due to wrongful death in Atlanta, you have the right to fight for compensation and hold the responsible party accountable. In this blog post, we will guide you through the process of proving liability in a wrongful death case, offering support and information every step of the way.
In order to pursue compensation in a wrongful death claim, it is crucial to establish the liability of the negligent party. The first step is to determine if you are eligible to file a wrongful death lawsuit. Generally, the surviving spouse has the primary right to file the claim. If there is no surviving spouse, the surviving children can file the claim. In the absence of both spouse and children, other relatives, such as parents, may be eligible to file the claim.
To prove liability, it must be shown that the negligent party had a legal duty to protect your deceased loved one from harm. For instance, if your loved one passed away in a car accident, the other drivers on the road owed them a duty of care. The breach of this duty of care, such as careless actions, failure to maintain safety conditions, or neglecting to address hazards, must also be demonstrated. Furthermore, it is crucial to establish that the breach directly caused the fatal accident.
In a wrongful death case, the burden of proof lies with the plaintiff, meaning you and your legal team. It is essential to understand what the burden of proof entails, as it determines the level of evidence required to establish liability. While the specific requirements may vary, the burden of proof in civil cases is typically based on a “preponderance of the evidence” standard. This means that you must present evidence that is more likely to be true than not true, showing that it is more probable than not that the negligent party is liable for the wrongful death.
To build a compelling case, gathering as much evidence as possible is crucial. This may involve collecting police reports, accident reconstructions, eyewitness testimonies, medical records, and expert opinions. Expert witnesses, such as accident reconstruction experts or medical professionals, can provide specialized knowledge and testimony to support your claim. Their expertise can be instrumental in establishing liability and linking the negligent party’s actions to the fatal accident.
The legal process can be complex and overwhelming, particularly during a time of grief. Having an experienced wrongful death attorney by your side is invaluable. They will guide you through the process, ensuring your rights are protected and advocating for your best interests.
Wrongful death cases seek to compensate the survivors for the losses they have endured. While every case is unique, various types of compensation may be pursued:
Losing a loved one due to wrongful death is an unbearable tragedy. However, it is essential to remember that you have rights, and seeking justice can bring a sense of closure and financial relief. By proving liability and holding the negligent party accountable, you can obtain the compensation you deserve while honoring the memory of your loved one.
If you find yourself navigating the challenging process of a wrongful death case in Atlanta, the Angell Law Firm is here to support you. With our compassionate and experienced attorneys by your side, you can feel confident that your rights will be protected. Contact us today for an initial consultation, and let us guide you through this difficult time, fighting for the justice and compensation you and your loved ones deserve.
Bryce is considered a highly esteemed trial lawyer and a passionate client advocate amongst his peers in the Atlanta legal community. Never afraid to go the extra mile for his clients, Bryce Angell works tirelessly to ensure that each client’s personal injury case gets the attention that it deserves.