Struggling with the grief of losing a loved one is challenging. It can be even more difficult when they were killed due to someone else’s negligence. Many families don’t even realize that they may have a wrongful death case in which their loved one’s estate may be able to seek damages for their losses. Our personal injury attorneys at Figueredo Law Firm are well-versed in complex Georgia wrongful death law. We advise clients on the most effective course of action to take after losing someone they love in an accident or incident that caused a wrongful death.

Prove Your Wrongful Death Claim

In addition to dealing with complex legal processes, negligence must be proven in a wrongful death claim. If the personal representative of your loved one’s estate is not familiar with Georgia law, this can be virtually impossible to do on your own. Three general elements are involved when proving negligence in a wrongful death claim:

Duty of care — In a wrongful death claim, you must show that the negligent party owed the deceased person a duty of care. For example, motorists have a duty of care to drive safely at all times.

Breach of duty of care — Next, you must indicate that the defendant breached that duty of care due to negligence, misconduct, or intent to harm.

Causation — Finally, you must demonstrate a connection between the defendant’s breach of duty and the death. For example, if a motorist who was driving recklessly is involved in an accident that causes a person’s death, but for their actions, that person would not have died.

A seasoned Georgia personal injury attorney can build and prove a solid wrongful death case and work to obtain the maximum amount of punitive damages available in your specific case. It’s also important to keep in mind that any settlement will be distributed to beneficiaries separate from the estate and according to Georgia inheritance laws, and even if your loved one had a will. This means that long-term partners or family friends cannot receive wrongful death damages in Georgia.

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