The tragic and untimely passing of a loved one is something that is difficult to accept, all the more so when it is the result of another individual’s negligence. In such a situation, you will understandably seek justice for the other party’s irresponsible behavior.
Success in a wrongful death case requires you to prove fault for the regrettable series of events leading to your loved one’s passing. You can proceed with confidence by understanding the filing process and learning about the best kind of evidence to collect to give your case credence.
Who can file a wrongful death claim?
The Georgia wrongful death statutes outline the process by which you may determine who has the strongest entitlement to file a wrongful death claim after the passing of a family member. In the event of the wrongful death of an adult individual, a surviving spouse or any children of the deceased may pursue legal action. In the absence of any immediate family, an appointed executor may take action and oversee the distribution of any compensation to the deceased’s next of kin.
What evidence do you need to prove fault?
Your wrongful death case requires proof that the passing of your loved one is the result of another party’s negligence. In a motor vehicle accident, for example, dash cam footage or witness testimony can serve as evidence that another driver is at fault for the crash. You must similarly prove that the deceased is not at fault and that the death is not the result of any preexisting condition.
It can be difficult to build a strong wrongful death case in the midst of your grief and mourning. Even so, putting as much effort as you can muster into these legal matters is the best way to see justice done.
