When a person is deemed legally responsible for someone else’s death, a wrongful death claim or lawsuit is initiated. Typically, the surviving family members of the deceased initiate this legal action following a specific hierarchy. 

While pursuing a wrongful death lawsuit may appear straightforward, establishing liability and winning can be challenging, especially considering the absence of the deceased victim to provide their account. Proving beyond a reasonable doubt that the defendant is accountable for the death and validating your claim can be lengthy. To enhance your wrongful death claim, consider implementing the following five tips.

Evidence of Intention

While the majority of deaths worldwide stem from natural or accidental causes, some are deliberate. Murder, considered a capital offense, is treated distinctively from initiating a wrongful death lawsuit. The latter is a civil action permissible against individuals either acquitted of murder or those not legally accountable.

Legal proceedings ensue when governments or corporations engage in egregious actions resulting in fatalities. Wrongful death claims are the only recourse when no specific person can be held liable. Though not ideal, this avenue often becomes essential for families seeking rightful justice.

Wrongful death lawsuits demonstrating intent often benefit from proof of the deceased being a family provider. When an individual supporting a family is wrongfully killed, it profoundly impacts the jury, leading them to consider substantial compensation for the bereaved family left without a provider.

Get a Lawyer

Establishing the criteria outlined in the initial section could prove difficult without legal counsel. Precision in every detail is crucial due to the numerous legal and technological complexities at play. Recalling the specifics of a loved one’s passing is inherently distressing and emotionally draining. 

Engaging the services of a highly skilled Atlanta wrongful death lawyer is paramount in this scenario. Their expertise and background can greatly facilitate and expedite the overall process. Importantly, having legal representation enhances the likelihood of effectively settling your wrongful death case.

Medical Malpractice

Medical malpractice often leads to wrongful death lawsuits. Patients under the supervision of healthcare providers expect a safe environment. These medical professionals have a duty to shield patients from harm. 

Nevertheless, interactions with them can pose significant risks. In cases where doctors or medical staff neglect to provide proper care, they endanger the lives of those in their care. Lack of discretion or attention can tragically result in the loss of our cherished family members.

Proof of Negligence

In situations where genuine negligence is a factor, there tends to be supporting evidence of wrongful death. This scenario is more likely to occur in workplace accidents, errors made by public employees, or unattended safety issues. When responsibility for a death unmistakably lies with another party who should have exercised greater caution, assigning blame for wrongful death becomes more straightforward.

For example, within a workplace environment, if an individual operates machinery without the necessary license or training, they bear culpability. Similarly, their negligence is apparent if the employer fails to implement safety protocols to shield employees from such machinery.

Moreover, individuals who operate heavy equipment while under the influence of intoxicants or prescription medications endanger everyone in their vicinity. In such circumstances, a clear illustration of negligence emerges.

Prevent Conflicts with Relatives

While the advice may be apparent, it warrants reiterated emphasis. The challenging circumstances the family faces can evoke intense emotions, potentially leading to conflicts among the surviving members and complicating the wrongful death lawsuit further.

To present a united front, avoid conflicts with other relatives, a display necessary for court proceedings. Unnecessary family disputes divert time and effort away from addressing the primary issue, needlessly adding stress to an already difficult situation.

Endnote

A wrongful death, though a sorrowful occurrence, is more common than perceived. Due to the potential for deliberate negligence, cases of wrongful death frequently inundate the courts. The key lesson here is the importance of seeking legal representation to validate a wrongful death claim. Winning such a lawsuit is essential to pay tribute to the departed and navigate a difficult situation effectively.