Georgia Causation – Proving Cause of Death

In order to win a Georgia negligence lawsuit, a wrongful death attorney must prove that the defendant breached his or her duty and that the defendant knew that there were risks involved with breaching that duty. The attorney must also prove the cause of death, and show how it was related to the defendant’s actions (or inaction). If you have recently lost a loved one because of the negligence of another party, you should speak with an experienced wrongful death attorney in order to prove to the judge and jury the defendant was responsible for the wrongful death.

In a wrongful death lawsuit, actual cause of death and proximate cause of death are considered. Actual cause is what actually caused the injury or death, while proximate cause involves the other factors that lead to the accident.

If a driver runs a red light and strikes and kills another person, the actual cause of death is the collision and resulting fatal injuries that the victim sustained. However, if the driver was distracted because he was texting at the time, the distraction is the proximate cause of death.

A person may be held liable only if the proximate cause involved factors which a reasonable person could foresee would lead to an accident. In the case above, most people would agree that texting while driving carries some degree of risk. However, if a tree fell unexpectedly, causing a driver to swerve and hit another car, the driver could not have foreseen the dangers of the proximate cause (the tree falling).

Proving negligence in a wrongful death case can be complicated. By having an experienced attorney on your side, you can increase your chances of recovering damages for your loss. If the court finds that another person’s negligence caused your loved one’s death, you may be awarded compensation as well as punitive damages for your loss of companionship, mental anguish, and loss of income.

The Georgia law firm of Head, Thomas, Webb and Willis is dedicated to providing compassionate legal representation to clients who have lost a family member. Contact our firm today for a free consultation.