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Fighting For The Rights Of Georgia’s Injured For Decades

What are the elements of a solid wrongful death claim?

| Sep 27, 2019 | motor vehicle accidents

During a recent car accident in Georgia, you experienced the unfortunate loss of a spouse or family member. Someone else’s negligence, whether it was driving under the influence or distracted driving, resulted in a loss no one can ever repay. That said, you may still want to hold the responsible party accountable.

Before you proceed, Annuity.org takes a look at the most essential elements of a wrongful death claim. Find out what to focus on most to build your case and pave the way to the best outcome possible.

Existence and breach of duty

The person you deem responsible for the wrongful death must have a duty of care or safety to the deceased. For instance, motorists have a duty to drive safely, a duty breached by driving while drunk or distracted.

Proof of negligence

Besides a duty of care to the deceased, you also need to provide evidence of the responsible party’s negligence. Going one step further, you also need to show your loved one did not have a hand in her or his wrongful death. A police report or other evidence that shows the driver was drunk can prove helpful. You can also look into securing phone or medical records to support your case.

Specific cause of death

Sometimes, defendants in wrongful death cases do everything they can to prove they bore no responsibility in the victim’s death, even if they were negligent and owed the victim a duty of care. The defendant could claim your loved one’s poor health ultimately caused her or his death after the initial car accident. You have to provide undeniable proof that negligence caused your loved one’s death and nothing else.

This information is only intended to educate and should not be interpreted as legal advice.