- April 9, 2025
- The Stoddard Firm
- Negligence Negligent Security
Losing someone you love is one of the hardest experiences you will ever go through, and it’s even more painful when their death could have been prevented.
In these moments, families are left searching for answers while grappling with overwhelming emotions. While no legal process can truly heal the pain of such a loss, pursuing a wrongful death claim can bring accountability and provide financial relief to help ease the burden.
Wrongful death occurs when someone dies due to the negligence or misconduct of another party. Under the Georgia wrongful death statute, these claims are intended not only to compensate the bereaved but also to uphold safety standards by serving as a deterrent against careless behavior.
Understanding and proving negligence in wrongful death is not straightforward. It involves demonstrating that the deceased’s death resulted directly from another’s failure to act with reasonable care or caution.
Navigating this path can be challenging without the right support. That’s why choosing an experienced wrongful death lawyer in Atlanta who understands the emotional and legal intricacies of your case is vital. They can guide you through every step, ensuring that while you honor the memory of your loved one, you also protect your family’s future.
Elements of Negligence in a Wrongful Death Case
- Duty of Care
The foundation of a negligence case is establishing that the defendant owed the deceased a legal duty of care. For example, drivers are expected to operate their vehicles safely, adhering to traffic laws and paying attention to road conditions.
Similarly, property owners are responsible for keeping their premises safe to prevent accidents. Establishing this duty is the first step in a wrongful death case. It frames the relationship between the defendant and the deceased, underlining the responsibility to act in a manner that protects others.
- Breach of Duty
Once a duty of care is established, the next element to prove is that the defendant breached this duty. A breach occurs when someone fails to meet the expected standard of care. This could be a driver texting instead of focusing on the road, a manufacturer cutting corners in product safety, or a property owner neglecting necessary repairs.
- Causation
Causation in legal terms is about linking the breach of duty directly to the wrongful death. This step can be complex, as it requires establishing a clear, unbroken chain from the defendant’s actions to the outcome. Causation is split into two types:
- Cause in Fact: This is sometimes referred to as “but-for” causation. It means that the death would not have occurred but for the defendant’s actions. If the action hadn’t occurred, neither would the death.
- Proximate Cause: This concept relates to whether the outcome was a foreseeable consequence of the defendant’s actions. It limits liability to consequences that are closely related to the wrongful behavior, considering whether the chain of events leading to the death was predictable.
- Damages
The final element to prove in a wrongful death case is damages, which refers to the quantifiable and intangible losses resulting from the death. These damages often include:
- Loss of Financial Support: The economic support the deceased would have contributed to their dependents over a lifetime.
- Loss of Companionship and Love: The emotional suffering and loss of relationship experienced by the family members.
- Funeral Expenses: The immediate costs associated with the burial and funeral services.
- Pain and Suffering of the Deceased: If the deceased survived for some time after the incident, compensation might be sought for their pain and suffering during that period.
Evidence Used to Prove Negligence
Building a strong case requires thorough investigation and compelling evidence. In a wrongful death case, the following types of evidence are often used:
- Accident Reports
These include police reports, incident reports, and any other official documentation that records the details of the event. These reports are foundational, as they provide a preliminary assessment of what occurred, noting any immediate observations of negligence or fault.
- Witness Testimony
Eyewitness accounts are invaluable. People who saw the incident unfold can provide details that fill in the gaps left by other forms of evidence. Their personal recollections can confirm crucial elements like the setting, actions of the involved parties, and the sequence of events.
- Expert Testimony
In many cases, the intricacies of how an accident happened or the specific medical reasons for death are not immediately clear without specialized knowledge. This is where experts come in.
Accident reconstruction specialists can help explain how and why the accident occurred, while medical experts can speak to the cause of death and any suffering the deceased might have endured prior to passing. These testimonies are crucial for translating complex information into understandable insights that can support your case.
- Physical Evidence
Photos and videos from the accident scene provide a visual account that can confirm details of the environment, the positioning of vehicles, or other factors at the time of the incident.
Additionally, physical evidence like damaged clothing, vehicle parts, or property can also be significant, helping to establish the circumstances of the accident through tangible artifacts.
- Medical Records
These documents are critical as they chronicle the deceased’s medical condition immediately following the incident and until their death. Medical records help establish the cause of death and can illustrate the extent of suffering endured, which is essential for calculating compensatory damages for pain and suffering, as well as other medical-related claims.
Who Can File a Wrongful Death Claim in Georgia?
In Georgia, the law specifies who can file a wrongful death claim, ensuring that the closest relatives are given priority in seeking justice for their loved one.
If the deceased was married at the time of their death, the spouse holds the primary right to file the claim. This not only recognizes the personal loss experienced by the spouse but also ensures that any compensation supports the immediate family. If there are minor children involved, the spouse also represents their interests in the claim, protecting the future of the entire family unit.
In cases where there is no surviving spouse, the children of the deceased step forward to file the claim. They can seek compensation for the full value of the life of their parent, which includes both economic contributions and the more profound elements of care, companionship, and guidance.
If the deceased was unmarried and had no children, the parents have the right to file the claim. This is especially poignant for parents who face the unnatural order of outliving their child, as it provides a means to address their profound loss.
In situations where there are no immediate family members, the executor or administrator of the estate can file the claim. This allows for the deceased’s estate to potentially benefit heirs, ensuring that the legal repercussions extend to provide for the next of kin, even beyond direct family members.
How an Atlanta Wrongful Death Attorney Can Help
The first step in any wrongful death claim is an investigation. This phase involves more than just collecting the accident reports; it requires a deep dive into the circumstances that led to the incident.
An experienced attorney will build a strong case by gathering evidence, interviewing witnesses, and often working with forensic experts to reconstruct the accident scene. This thorough investigation helps to establish the chain of events and pinpoint liabilities, which are critical in proving negligence.
With the evidence in hand, an attorney will craft an argument on your behalf. This involves not only presenting the facts clearly but also connecting them to demonstrate negligence. By developing a robust legal strategy that highlights the defendant’s responsibility, an attorney aims to strengthen your position.
Dealing with insurance companies can be one of the most challenging aspects of a wrongful death claim. Insurers are often more concerned with minimizing payouts than providing fair compensation.
An experienced wrongful death lawyer in Atlanta knows how to handle these negotiations assertively, ensuring that the insurance companies honor their obligations and that your family’s financial needs are met.
If negotiations do not result in a fair settlement, the case may need to go to court. Litigation can be lengthy and emotionally taxing, but a wrongful death attorney will prepare a compelling case, advocate on behalf of the family, and manage all aspects of the trial process.
Contact Our Wrongful Death Lawyer in Atlanta Today
No amount of financial compensation can replace the presence of a loved one, but pursuing wrongful death damages can bring a sense of closure and help reduce the financial burdens that often follow such a loss.
At The Stoddard Firm, we understand that pursuing a wrongful death case is a personal one. We’re here to listen, to guide, and to fight on your behalf. From proving negligence in a wrongful death case to negotiating with insurance companies, our goal is to lift the legal burden from your shoulders.
Contact our wrongful death lawyer in Atlanta at 470-467-2200 for a free consultation.
Attorney Matt Stoddard
Matt Stoddard is a professional, hardworking, ethical advocate. He routinely faces some of the nation’s largest companies and some of the world’s largest insurers – opponents who have virtually unlimited resources. In these circumstances, Mr. Stoddard is comfortable. Mr. Stoddard provides his strongest efforts to his clients, and he devotes the firm’s significant financial resources to presenting the strongest case possible on their behalf. Matt understands that his clients must put their trust in him. That trust creates an obligation for Matt to work tirelessly on their behalf, and Matt Stoddard does not take that obligation lightly. [ Attorney Bio ]