Chances of Winning a Wrongful Death Suit
Losing a loved one is a devastating experience. But it’s an even more heartbreaking experience when you discover that your loved one was taken away by another person’s careless or violent behavior. Collecting the right documentation and providing expert testimonies are often vital for demonstrating that an act of negligence caused your loved one’s death.
Key Factors Influencing Wrongful Death Case
Building a compelling wrongful death case requires key steps, and several factors play a role in determining the success of this type of lawsuit.
Proving Negligence
Everyone has a duty of care to avoid behavior that could cause reasonably foreseeable harm to another person. Once this duty is established in a wrongful death lawsuit, it must be shown that the defendant breached it, failing to act as a reasonable person would under similar circumstances.
The breach of the defendant’s duty of care must then be directly linked to the victim’s death, illustrating a clear cause-and-effect relationship. For example, an intoxicated driver who ignores a stop sign and crashes into a pedestrian has clearly breached their duty of care.
Quality and Strength of Evidence
Strong evidence is the cornerstone of proving that negligence led to the victim’s untimely demise. To effectively argue this point, the evidence must be clear, convincing, and comprehensive.
Major components of a successful wrongful death lawsuit may include detailed medical records that document the cause of death, as well as eyewitness accounts that provide firsthand observations of the incident. Photographs, video footage, and physical evidence from the scene can also serve as powerful tools for illustrating the circumstances that led to the fatal event.
Role of Expert Witnesses
Expert witnesses are instrumental in strengthening a wrongful death lawsuit by providing specialized knowledge that can clarify complex issues for judges and juries. Their role often involves explaining technical aspects, such as the mechanics of an accident, the standard of care in medical malpractice, or the implications of certain actions in industrial settings.
By translating intricate details into understandable concepts, expert witnesses help build a compelling narrative that supports the plaintiff’s claims. In wrongful death cases, medical experts offer insights into the cause of death and whether it could have been prevented with proper care.
Accident reconstruction specialists recreate the sequence of events leading to the fatal accident, highlighting any negligent behavior. Financial experts such as accounts, actuaries, and economists assess the economic impact of the deceased’s loss on their family.
Maximizing Chances of Winning a Wrongful Death Suit
By addressing every aspect of the case methodically, plaintiffs position themselves more favorably for negotiations or a trial.
Early and Thorough Preparation: The Key to Success
The state of Georgia has a two-year statute of limitations for wrongful death cases, and there are several filing requirements you have to follow. That’s why you’ll want to begin preparing your case right away. This allows ample time for comprehensive evidence gathering, which may involve collecting medical records, securing witness statements, and preserving physical evidence from the accident scene.
Early preparation facilitates the engagement of expert witnesses who can provide critical insights into the case’s technical aspects, allowing your lawyer to craft a coherent and persuasive narrative highlighting the defendant’s negligence leading to the fatal accident. Thorough preparation also includes scrutinizing potential defense strategies and preparing counterarguments to neutralize them effectively.
Weighing Settlement Offers vs. Going to Trial
A critical aspect of a wrongful death claim is deciding between accepting a settlement offer or proceeding to trial. Both options have advantages and potential drawbacks. Accepting a settlement can provide a quicker resolution, offering financial relief without the uncertainties of a courtroom battle. Settlements are often reached through negotiations, and they may be advantageous if the evidence supporting the case is not overwhelmingly strong or if the potential trial outcome is uncertain.
There are cases where going to trial is necessary to achieve a more substantial award, especially if the evidence strongly supports the claim of negligence leading to death. Trials also offer an opportunity for public acknowledgment of wrongdoing, which is often important for plaintiffs. You’ll want to carefully evaluate the strength of the evidence, the potential compensation, and the emotional and financial costs associated with a trial.
Why Hiring an Experienced Wrongful Death Attorney Matters
An experienced wrongful death lawyer brings extensive knowledge and a strategic approach to handling these sensitive cases. An experienced will effectively gather and present evidence to strengthen your case. Attorneys are adept at determining whether a settlement offer reflects the true value of the claim.
When a trial becomes necessary, a skilled lawyer will persuasively advocate your case in court, leveraging their understanding of legal procedures and tactics. By managing the intricate details of the case, an Atlanta wrongful death lawyer increases the likelihood of a favorable outcome.
A wrongful death lawyer provides invaluable support and guidance throughout the legal process, helping you make informed decisions at every stage.
The events leading up to a fatality demand a thorough investigation to establish liability and causation. An experienced wrongful death attorney is equipped to handle these complexities by conducting comprehensive fact-finding, which includes analyzing accident reports, gathering witness statements, and consulting with expert witnesses.
The legal process involves intricate procedural steps, from filing the initial claim to managing discovery and pre-trial motions, all of which require strategic planning and precision. Your lawyers must also understand how to apply state-specific wrongful death laws and statutes that govern these cases.
Speak With Our Atlanta Wrongful Death Attorneys Today
Butler Prather LLP has been getting justice for people who have lost loved ones due to wrongful death for over 35 years. Our lawyers have gone up against some of the most powerful interests in the nation, resulting in winning record-breaking settlements and verdicts for our clients.
Call our firm at (706) 322-1990 to schedule a free consultation with one of our wrongful death attorneys today. You won’t owe us anything unless we win you a settlement.