A wrongful death in Georgia is any death caused by a crime, negligence, defective property, or products. Surviving family members often file a wrongful death claim after a loved one is killed in an accident or by defective property. But how do you prove wrongful death in Georgia? To receive compensation, family members must come forward with evidence of what happened and who is to blame for the fatal accident. Contact Griffin Law Firm, P.C. for assistance with this type of claim. Our Snellville wrongful death attorney has handled these cases for clients and knows what evidence is useful.
How Do You Prove Wrongful Death?
The evidence we need is not much different than evidence for accidents where a victim survives. For example, your beloved family member could have died in a car wreck, truck accident, or slip and fall. Or else a dangerous product caught on fire and burned them.
Ultimately, we need to prove the defendant acted in a negligent or criminal manner. Some important pieces of evidence include:
- Witnesses to the incident. An eyewitness can help us understand what happened in the fatal incident. For example, your spouse could have died in a drunk driving accident. Witnesses can testify that a driver ran a red light at high speeds and T-boned your husband’s car. Eyewitness testimony is particularly useful if the victim died immediately at the scene, because we otherwise will only hear the defendant’s version of events.
- Physical evidence. We sometimes use physical evidence to identify a defendant, particularly if a person was killed in a criminal attack. The culprit could have left behind blood, hair, or fingerprints. The police probably collected the evidence, and we can request access for use in a wrongful death claim.
- Video evidence. Some incidents are caught on video. As an example, your loved one could have been killed in an accident inside a store. Many stores now have surveillance video for anti-theft purposes, and we can request a copy. This video could show the existence of a hazard, as well as how long it existed.
- Data evidence. Did your loved one die in a truck accident? Many trucks are now outfitted with devices that record important data, such as the speed of the truck.
- Defective products. When a defective product is to blame, the best evidence is the product itself. Suppose a nail gun exploded in your husband’s face. We want to see the gun and then have an expert inspect it for defects in manufacture or design.
This is only a short list of some of the most important evidence used to prove wrongful death in Georgia.
Burden of Proof in a Wrongful Death Case
In any civil case, the person bringing the claim has the burden of proving fault. This means you must come forward with evidence to explain what happened and how the defendant is to blame for the death.
The standard in civil cases in Georgia is proof by a “preponderance of the evidence.” That means it is more likely than not that the defendant is to blame. This standard is lower than the one in criminal cases, but it isn’t toothless. You will not prevail if there are serious doubts about the accident and the defendant’s role in what happened.
Even if you hope to negotiate a settlement, you need evidence of what happened and why the defendant is liable for the death. We encourage reaching out to an experienced wrongful death attorney at Griffin Law Firm, P.C.
Our legal team can start searching for evidence and open negotiations with the at-fault defendant. The sooner you start, the stronger your case.
Steps to Take for a Wrongful Death Case
Losing a family member is a shocking experience. Many people are consumed with grief and worries, so they are not even thinking about how to bring a legal claim.
Nonetheless, family members should keep an eye on deadlines to protect their rights. You do not want to wait too long to file a lawsuit or reach out to an attorney. These claims should be brought promptly.
We recommend the following steps:
- Write down your memories of the incident. Some family members survived the same accident that claimed their family member. You are a critical witness to the events, so write down what you remember of the accident as soon as you can.
- Preserve the victim’s testimony. Not everyone dies immediately from an accident. Some victims hang on for days or weeks and might even remain conscious for a considerable time. If you can, record what they remember. Someone attacked in a crime could have seen their assailant. Ask them to describe what they remember.
- Hang onto all medical records. Another key consideration with wrongful death is proving that the defendant’s actions killed your loved one. For example, a person might have driven carelessly and rear-ended your daughter’s vehicle. However, she didn’t die for three weeks until she had a heart attack. We need to prove causation: that the defendant’s actions were the cause of death. Medical records are key to this step.
- Avoid throwing away defective products. Our firm can inspect the product to see how a defect could have led to the death. Store it safely in a garage or basement.
Schedule a Consultation with Our Wrongful Death Attorney
Griffin Law Firm, P.C. is a results-oriented firm focused on helping people who have endured a fresh tragedy. We know that money is an inadequate substitute for losing a spouse, parent, or child. However, we have also seen how wrongful death cases bring a sense of justice. The person responsible should face accountability for their negligent or dangerous conduct.
Contact us today to schedule your free consultation. There is no risk or cost; we never charge unless we win a case. Our firm offers compassionate legal advice to people going through some of life’s most difficult challenges. We can describe more about our services and answer any questions.