A wrongful death lawsuit may be brought against a defendant who has negligently or intentionally cause the death of another. These types of lawsuits allow the estate of the person to obtain damages that can be used to make up for the money lost with the death of the person.
Even though anyone can file a lawsuit, there are criteria to be met if one hopes that their suit is successful. There is a burden of proof that must be met on the part of the plaintiff in order for damages to be awarded. The following criteria are in place for a wrongful death lawsuit:
- There must have been a death
- The death must have been the direct result of someone’s negligence or error
For example, in a medical malpractice/wrongful death case, the plaintiff must prove that there was an established relationship with the doctor or provider, that an injury occurred, that the injury was the direct result of negligence or error on the part of the named doctor or professional, and that the death was directly related to the injury.
Criteria for a wrongful death case mirror those in specific personal injury cases. It is not enough to prove that someone has died or that negligence occurred. All of these things must be tied together to have a successful case.
If you believe that a loved one died as the result of negligence or error on the part of another in the city of Atlanta, reach out to an attorney experienced in wrongful death law.