In this post, you will get to know about how you can prove a wrongful death. Read the whole article for full details.
In Georgia and pretty much any other state, you can sue if someone dies of a fully preventable cause. While this won’t bring them back to you, it might help bring some closure that they were given justice.
That being said, whether you are an attorney or a person close to the deceased, you must prove that the death was actually wrongful. With this article, we will show you what you need to look into so that you may prove someone had a wrongful death.
Table of Contents
What Is a Lawsuit for Wrongful Death?
Filling a lawsuit for wrongful death allows a surviving member of the family to seek justice for someone that passed before they should have. The cause of death must be preventable. So, not every death will figure as a wrongful death – even if it was an accident. In order to qualify, it needs to meet certain criteria – and the survivors have to bring proof in that regard.
The Criteria of Wrongful Death
In order to prove that someone died of wrongful death, you need to bring evidence that can fall under the following elements:
- Negligence
Most cases of wrongful death typically involve negligence. The cause may vary from medical errors to neglect and unsupervised activity. For instance, around 7,150 previously healthy people die as a result of hospital errors, most of which have been caused by negligence and improper care.
For example, a nurse may have the duty to make sure that a patient gets the proper care. However, instead of checking in on them, they brush their responsibilities off and leave that patient to fend for themselves.
Likewise, someone from daycare is supposed to make sure the kids are always playing safely and not engaging in dangerous behavior. Instead, they took their eyes off them in order to do their personal tasks, which leads to the wrongful death of their charge.
- Breach of Duty
People must behave in a way that is responsible and reasonable. For instance, a motorist has to abide by traffic laws, ensuring that their recklessness does not cause injury to others. They have the duty to conduct a certain activity with safety in mind.
According to Jonesboro wrongful death lawyers, around 69% of the drivers in Jonesboro admit that they were using their cell phones before an accident. The driver had the duty of paying full attention to the road, and since they breached the duty, it sets the ground for a wrongful death case.
Likewise, a doctor has to do spinal surgery in a full state of mind, giving their complete attention to their charges, lest they cause paralysis or death. Their duty is to provide the utmost care. To prove wrongful death, one needs to show that the duty of care was not respected, and that the victim paid the price.
- Causation
Next, when proving wrongful death, one has to show that the actions (or inactions) of the defendant caused their loved one to pass away. For instance, if your loved one dies from an accident, their representatives must prove that the person died from the collision. Similarly, if the death was caused by violence, one needs to prove that the injury was indeed the cause.
For instance, the family of George Floyd filed a lawsuit against the Minneapolis police, claiming that the deceased suffered a wrongful death. They brought proof that the police were violent, causing a death that could have otherwise been prevented. The case ended with a $27 million settlement to the victim’s family.
- Damages
Last but not least, you have to prove that you incurred damage (economic and non-economic) after a loved one’s passing. For instance, if the deceased was providing economic support, this can be brought to the court. Non-economic damages such as pain and suffering may also be filed for, as well as compensation for funeral services and potential therapy.
Documents Needed to Prove Wrongful Death
Once the criteria for wrongful death are determined, an investigation will begin. Even if you believe you have a solid case, you still need to bring the following documentation as proof.
- Witness statements
- Police reports
- Accident or medical reconstructionist evaluations
- Video footage or pictures from the scene
- Workplace incident reports from the location
The documents gathered must prove that the actions of the defendant led to the wrongful death of a party. Without the proper grounds and the right documents to prove that, the accused party or their insurance company may deny the settlement claim.
The Bottom Line
Losing a loved one as a result of negligence is a very painful process. However, with the right lawyer and strong proof, you may at least receive compensation for your loss.