Wrongful death claims are based on statutes that are on the books in all jurisdictions. These statutes allow a deceased person’s heirs to bring a civil suit when a death is caused by someone else’s negligent acts. In this article is a discussion of what a wrongful death lawyer in Newnan, GA must prove to bring a successful case.
An Explanation of Wrongful Death
Before today’s survivor statutes were created, families of those killed by another person’s intentional or negligent acts couldn’t sue because the claim could only be filed by the injured party. Compensation can be given for loss of financial support, the deceased’s pain and suffering, final expenses and other damages depending on the case’s circumstances.
Negligence in Wrongful Death Cases
Although damages available in wrongful death cases may differ from those in conventional negligence cases, the plaintiff must prove similar elements in both lawsuit types. The elements of a wrongful death case are duty, duty breach, causation and real damages.
Proving a Duty of Care
For the defendant to be held responsible for negligent behavior, it must be proven that they owed the deceased person a duty of care. While the term’s exact definition varies depending on the case’s facts, it’s basically a duty to do things to keep others safe, or to not do something that can harm someone else. In wrongful death cases, judges, not juries, decide whether a duty of care is owed.
Proving a Duty Breach
If the defendant owed a duty of care, the plaintiff must prove that the duty was breached. A plaintiff may provide evidence that a driver was distracted at the time of an accident. As with other elements in a civil case, the plaintiff must prove a duty breach by a preponderance of the evidence.
Documenting Causation
In wrongful death cases, a plaintiff must prove that the duty breach caused the harm. Using the above example, a plaintiff has to prove that the defendant’s car hit the decedent. If another vehicle strikes and fatally wounds someone before the defendant’s car gets involved, it’s likely that a jury will not find in favor of the plaintiff. In cases where a decedent is seriously wounded before a duty breach causes a fatal accident, it’s likely that the jury will find in the plaintiff’s favor. A wrongful death lawyer in Newnan, GA from Website Domain can help clients prove complex causation issues.
