Element #1 of a Wrongful Death Claim: Negligence
Before you file a claim on behalf of your loved one, you need to show that the death was caused by the negligence of another person or party. Fatal accidents that are the result of the deceased’s own negligence don’t typically allow for their survivors to pursue a claim for compensation.
There are many types of accidents that can occur due to another’s negligence that can result in death. Car crashes are a prime example of negligence when another driver is distracted, driving aggressively or is intoxicated. Premises liability or slip and fall accidents also can cause death when property owners fail to repair their facilities or remove hazards that can cause fatal injuries.
You must be able to prove that the negligence of another was the main contributing factor to the fatal accident that resulted in the death of your loved one. This process can involve evidence of the accident and injuries, as well as support from witness statements and expert testimony.
Element #2 of a Wrongful Death Claim: Surviving Dependants
To bring about this type of claim, you must show a connection to the deceased. Typically the surviving spouse will be the one to bring the case to court, but it can be done by a dependent, such as a child. In some cases, siblings or parents can file the claim on behalf of an adult, and parents of minor children also have this right.
To file the claim you must show that you’re seriously affected by the loss of your loved one, emotionally and/or financially. These losses will be taken into consideration during the settlement negotiations, but only if they’re properly supported in your claim.
An Atlanta personal injury attorney is just a phone call away and can help provide this support to your family so you can focus more on coping with your loss and less on legal matters. Call today for a consultation: 1-770-487-8999.
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- ?My child was killed on Halloween by our neighbor who appeared to be drunk. Should we pursue a wrongful death suit? And if so, how can we prove he was intoxicated?
- ?Witnesses say that the car that moved over on my husband didn’t signal. Do I have a wrongful death lawsuit?
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