ESPANOL
To win a wrongful death lawsuit, you must prove that the negligence of another party led to or contributed to the death of your loved one. If your loved one’s death was intentional, you must prove the fatality was not by accident.
Since handling a wrongful death lawsuit can be complex, it is advisable to enlist a lawyer’s help. A legal professional can help you collect all the evidence you need to prove your case and get proper compensation. They can also conduct an investigation to understand the events leading to the death.
Providing Evidence of Intention in a Wrongful Death Lawsuit
While most wrongful deaths in Georgia and South Carolina occur due to negligence, some are intentional. Due to this, the court treats such cases as murder, which is a capital offense. Unlike wrongful death lawsuits caused by negligence, proving intentional ones can be tough.
You must gather enough evidence indicating that the defendant had a motive to kill the deceased. You must also prove that they actively or passively participated in causing the death. For example, if the fatality was due to machine failure, you should prove an intentional technical failure.
On the other hand, if your loved one died in a car crash, you must gather evidence showing that the defendant knowingly took actions that led to the collision.
Proving Negligence in a Wrongful Death Lawsuit
When accusing someone of wrongful death caused by negligence, you must prove that the defendant was careless. For example, if the event happened at a workplace, you can show that the organization did not take the necessary precautions to protect your loved one.
Alternatively, if it happened due to a car crash, you may prove that the driver was not careful when operating the vehicle.
Another example of negligence is when someone without the right qualifications runs a machine that causes the death of a colleague. You must prove that the hiring manager employed an incompetent person and contributed to the fatality in such a case.
Common Causes of Wrongful Deaths
Wrongful deaths can occur in many ways in different settings. Car accidents are a significant cause of accidental deaths.
Other common causes of wrongful deaths in Georgia and South Carolina are:
- Work injuries
- Occupational hazards
- Medical malpractice
- Exposure to harmful chemicals
- Premises accidents
- Product defects
Another aspect that can lead to wrongful death is neglect and abuse by caregivers. This issue is mainly seen in nursing homes, assisted living, and disability care centers.
Damages You Can Recover in a Wrongful Death Lawsuit
If your loved one was a victim of wrongful death, you could recover damages by suing the party at fault. A lawyer can help you determine the damages to mention in the lawsuit. They will also guide you in quantifying non-economic losses to ensure you get proper compensation.
Some of the damages you can sue the party at fault for are:
- Funeral and burial expenses
- Loss of income
- The loss of guidance and protection
- Pain and suffering
- Loss of potential income
- Consortium losses
If your deceased loved one received health care services, you might recover the cost of hospitalization. Still, you need to provide medical reports showing that the injuries that led to or contributed to the death were due to the incident. We know that no amount of money can bring back your loved one, but compensation can help relieve financial burdens you are facing.
How a Lawyer Can Help With a Wrongful Death Lawsuit
Handling a wrongful death lawsuit while mourning your loved one can feel impossible. Tackling legal matters during this dark time can set you up for failure. You may have trouble gathering enough evidence to support your case or give up entirely. You shouldn’t have to manage your case anyway; that’s our job.
Hiring a lawyer can not only allow you to mourn your loved one properly, it could also get you a settlement or court award you wouldn’t have achieved on your own.
A lawyer will handle all legal procedures, including talking to witnesses and issuing subpoenas. These processes will provide more details about the case and help them gather sufficient evidence to support the lawsuit.
Contact George Sink, P.A. Injury Lawyers for a Free Consultation
At George Sink, P.A. Injury Lawyers, we have a team of attorneys ready to secure justice for you and your family. We can help you identify the party liable for the death of a loved one and assess all the damages caused. We will then represent you in court and provide evidence to support your case.
If you wish to file a lawsuit for the wrongful death of your loved one, call George Sink, P.A. Injury Lawyers for a free consultation. We take cases on a contingency-fee basis, so we only get paid if you do.*