Losing a loved one is a difficult experience, and knowing that his or her death was avoidable makes this news harder to bear. If you lost a loved one due to someone else’s negligence or recklessness, you may be eligible to file a wrongful death lawsuit — and Bross, McAllister & Williams, LLC can help.
We have recovered millions of dollars in settlements for our clients across multiple practice areas, including wrongful death cases. We will always fight for maximum possible compensation.
Our firm offers contingency fee arrangements for maximum affordability. We will not charge you legal fees unless we secure a settlement on your behalf.
What Is Wrongful Death?
Georgia law defines wrongful death as the death of any person as a result of another person or entity’s recklessness, negligence, or intentional or criminal act. In many cases, if the deceased could have filed a personal injury lawsuit over the accident if he or she survived, the claim may qualify for a wrongful death lawsuit.
Only certain people can bring a wrongful death lawsuit to civil court on behalf of the deceased. Georgia law states that only the following individuals may file a wrongful death claim, in order of succession.
The spouse of the deceased
The children of the deceased
The surviving parents of the deceased
The personal representative of the deceased’s estate
You can file two different types of wrongful death claims in Georgia: one to claim damages for the full value of the deceased’s life, and one to recover financial losses associated with your loved one’s passing. Speak to a Lawrenceville wrongful death lawyer at Bross, McAllister & Williams, LLC to discuss your best options.
How to Prove a Lawrenceville Wrongful Death Claim
When you file a wrongful death claim, you and your personal injury attorney will need to work closely together to prove that the at-fault person or entity acted in negligence at the time of your loved one’s death. By proving negligence, you can establish your and the deceased’s family’s right to collect compensation for the damages associated with the death.
You will need to provide evidence to support the following four elements of negligence to successfully prove a wrongful death claim.
First, you must establish that the at-fault party owed your loved one a duty of care at the time of the accident. For example, if your loved one died in a car accident with another driver, you can establish a duty of care since all drivers have a responsibility to drive safely and follow traffic rules.
Next, you will need to prove that the at-fault party breached his or her duty of care in some way. For example, if the driver was under the influence of alcohol at the time of the crash, you can use police records to establish that he or she broke the law.
Then, you will need to prove that the breach of duty of care directly caused the death of your loved one. Medical records, surveillance footage, and witness testimony can all contribute to this element.
Finally, you will need to show that you and/or the deceased’s family suffered damages as a result of the wrongful death that you can collect in this lawsuit.
Contact Bross, McAllister & Williams Today
If you lost a loved one to someone else’s negligence or recklessness, contact Bross, McAllister & Williams, LLC today. Our Lawrenceville wrongful death attorneys will take the time necessary to learn your loved one’s story, investigate your claim thoroughly, and craft a compelling case in your favor. Call us today at (770) 225-4710 to schedule your free consultation and discuss your next steps.