Proving Negligence in a Georgia Wrongful Death Case
Losing a loved one is devastating, but when their death is caused by someone else’s negligence, the pain is even greater. Families facing such a tragedy may have legal recourse through a wrongful death claim. In Georgia, wrongful death lawsuits seek to hold responsible parties accountable and provide compensation for the losses suffered by surviving family members. However, The Spizman Firm understands how to prove negligence in a wrongful death case.
What is Wrongful Death in Georgia?
Under Georgia law (O.C.G.A. § 51-4-2), a wrongful death occurs when a person dies due to the negligent, reckless, intentional, or criminal acts of another party. These cases commonly arise from incidents such as:
- Car, truck, and motorcycle accidents
- Medical malpractice
- Defective products
- Workplace accidents
- Premises liability (e.g., slip and falls, inadequate security)
- Nursing home neglect or abuse
When negligence leads to a fatality, surviving family members may pursue a wrongful death claim to seek justice and financial recovery.
Key Elements of Proving Negligence in a Wrongful Death Case
To establish negligence in a Georgia wrongful death claim, the plaintiff must prove four essential elements:
- Duty of Care
The first step in proving negligence is demonstrating that the defendant owed a duty of care to the deceased. A duty of care is a legal obligation to act reasonably and avoid causing harm to others. For example:
- Drivers have a duty to obey traffic laws and drive safely.
- Doctors have a duty to provide competent medical care.
- Property owners have a duty to maintain safe premises.
- Breach of Duty
Once a duty of care is established, the plaintiff must show that the defendant breached this duty through negligent or reckless actions. Some examples include:
- A distracted driver running a red light
- A doctor failing to diagnose a treatable illness
- A manufacturer selling a defective product without proper warnings
Proving a breach of duty often requires expert testimony, accident reports, and other forms of evidence.
- Causation
Next, the plaintiff must prove that the defendant’s breach of duty directly caused the victim’s death. This is known as “causation.” The two key aspects of causation are:
- Actual Cause (Cause-in-Fact): The death would not have occurred if not for the defendant’s actions.
- Proximate Cause: The defendant’s actions were a foreseeable cause of death.
For example, if a doctor misdiagnosed a patient’s life-threatening condition, and the patient died as a result, causation must be established by medical records and expert testimony linking the misdiagnosis to the fatal outcome.
- Damages
The final element involves proving that the death resulted in quantifiable damages. In a wrongful death case, damages may include:
- Funeral and burial expenses
- Loss of financial support
- Loss of companionship, guidance, and emotional support
- Pain and suffering of the deceased before death (if applicable)
Who Can File a Wrongful Death Claim in Georgia?
Georgia law specifies who is eligible to file a wrongful death lawsuit:
- The surviving spouse (who also represents any minor children)
- The deceased’s children (if there is no surviving spouse)
- The deceased’s parents (if no spouse or children exist)
- The executor of the deceased’s estate, if no family members are available
The damages awarded in these cases are meant to compensate for both the financial and emotional losses suffered by the family.
Seeking Justice for a Loved One’s Wrongful Death
If you have lost a loved one due to someone else’s negligence, The Spizman Firm is here to help. Our experienced wrongful death attorneys will fight to hold responsible parties accountable and pursue the compensation your family deserves. We proudly serve clients throughout Georgia, including Atlanta, Dunwoody, Alpharetta, Cobb County, Fulton County, Gwinnett County, Johns Creek, and Sandy Springs. Contact our Atlanta Wrongful Death Attorneys today for a free consultation.
