How Do You Prove Wrongful Death?

Personal Injury & Workers' Compensation Attorneys Serving Atlanta, Marietta, Cumming, And Nearby Areas Of Georgia

Posted: November 17, 2021

A wrongful death lawsuit allows surviving family members to pursue justice and compensation after losing their loved one due to the actions of another person. Since a sudden death often burdens those who are left behind with enormous expenses and losses, a successful outcome in a lawsuit is the only way for many families to move forward from this type of tragic incident. However, getting to that point is not always easy, and involves building a very strong legal claim. 

Elements of a Wrongful Death Lawsuit 

Not all deaths will give rise to a legally actionable claim. That is true even of accidental deaths. Specific criteria must be met in order for the surviving family members to have grounds to sue.

There are four key elements that are involved in a wrongful death case. To bring a wrongful death lawsuit and seek compensation, all of the following elements must be present:

  • Elements of a wrongful death case infographicNegligence: Often defined as the failure to take proper care in doing something, negligence is an important element in virtually all legal claims involving injury or death. In wrongful death cases, it often means that the defendant acted carelessly or recklessly.
  • Breach of duty: It is also necessary to prove that the defendant owed a duty to the victim and that the duty was breached due to the defendant’s negligent behavior. For example, in the case of a car accident, motorists have an obligation to drive carefully and obey the rules of the road. Otherwise, they risk inflicting injuries and death.
  • Causation: Establishing that a breach of duty occurred is not enough. You must also show that the defendant’s negligent action and breach of duty directly caused the wrongful death.
  • Damages: Finally, the death of the victim must result in measurable damages. These damages may include medical expenses, burial costs, and loss of income. They can also include things such as a loss of protection and guidance.

Schedule A Free Case Evaluation Today

Our attorneys understand you already have a lot on your plate. Leave the legal work to us so that you and your family are able to focus on healing. Schedule a free case evaluation at 770-888-8901 to learn if you may have grounds to file a wrongful death claim that can help protect your financial future. The Law Offices of Humberto Izquerido, Jr., PC proudly serves members of our community from Atlanta, Marietta, Cumming, and nearby areas of Georgia.

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