Georgia Wrongful Death Negligence

If your loved one was the victim of wrongful death resulting from the negligence of another person or party, you may be entitled to recover damages for your loss. Negligence can be defined as making a mistake or thoughtlessness and is based on how a “reasonable person” would act in the same situation. In other words, negligence occurs when a person does not do what is needed to protect another person from being harmed. You should speak with an experienced wrongful death attorney if you believe that negligence played a role in your loved one’s death.

To establish negligence in a wrongful death case, your attorney must prove that the defendant had a “duty of care” and that there was a connection between that duty and the death. Duty of care means that a person or party has a responsibility to take care of other people in a certain situation. For example, a grocery store has a duty of care to clean up spills quickly in order to protect customers from falling and injuring themselves.

Along with proving a link between the negligent party’s action, or lack thereof, and the wrongful death, the plaintiff must also prove that injury or death was “reasonably foreseeable” considering the situation. Because a wrongful death claim is heard in civil court, the preponderance of evidence lies on the plaintiff. This means that the plaintiff must prove that it is more likely than not that the defendant had a duty to provide care to the plaintiff, and not doing so could result in risk.

Wrongful death resulting from negligence can occur in the workplace if the employer does not provide the correct equipment necessary to perform a job safely. A doctor or member of a medical staff could be found negligent if he or she neglected to diagnose a fatal disease properly or discharged someone from the hospital early.

The Georgia law firm of Head, Thomas, Webb and Willis helps clients who have suffered a wrongful death in the family because of negligence. Our wrongful death attorneys will carefully examine your case in order to prove to the judge or jury that the defendant had a duty to care for your loved one, and by failing to do so, directly caused your loved one’s death. Do not hesitate to contact us right away for legal assistance.