Reaching a successful verdict in a wrongful death lawsuit requires extensive documentation among many other factors. Choosing the right wrongful death attorney is arguably the most important part of your case and could mean the difference between losing your case and getting justice and compensation for the death of your loved one.
Types of Wrongful Death and the Burden of Proof
The burden of proof falls on the family member filing the wrongful death case. These claims require you to provide evidence that the defendant caused the death of your loved one either intentionally or due to negligence. Examples of wrongful death claims and the proof required for a successful verdict include:
- Nursing home abuse and neglect: These cases must prove that the medical professional or healthcare facility failed to provide the accepted standard of care for your loved one.
- Auto accidents: Truck, car and motorcycle accident cases involving wrongful death must prove that the at-fault party was driving carelessly such as texting and driving.
- Workplace injuries: Workers’ compensation lawsuits for wrongful death may need proof that the employer failed to provide a safe workplace or that the insurance company denied a valid claim.
- Medical malpractice: Much like a nursing home abuse case, medical malpractice lawsuits require proof that the physician, nurse or hospital did not provide appropriate care and that this negligence led to the death of your loved one.
- Defective products: The most important aspect of a product liability case, especially one involving wrongful death, is that you have documented evidence that the product was dangerous, and if possible, still have access to the product itself.
- Dangerous premises: Premises liability claims also require extensive documentation and may be brought against an individual, company or government agency who failed to address hazardous areas of their property.
Steps You Can Take to Strengthen Your Case
You can help strengthen your case by:
- Compiling the medical records for the deceased.
- Documenting any physical evidence you have access to such as the scene of an auto accident and the damage to the vehicle.
- Gathering witness testimony for the incident.
- Contacting our wrongful death attorney in Georgia.
If you’ve lost a loved one and think you may have a wrongful death case, please contact our attorney in Cumming today at 770-888-8901to schedule your FREE consultation. The Law Offices of Humberto Izquierdo, JR., PC serve clients in Atlanta, Marietta, Cumming and surrounding Georgia areas.
