When a catastrophic incident claims a life, families are left facing unimaginable grief alongside financial and legal challenges. In Georgia, wrongful death law allows surviving loved ones to pursue justice and compensation, but the process is rarely straightforward.
Building a strong case requires careful investigation, compelling evidence, and understanding how to establish liability. For families navigating this arduous journey, knowing what strengthens a wrongful death claim is an essential first step.
Establishing The Foundation of Liability
In wrongful death cases, liability must be proven by showing that another party’s negligence, recklessness, or intentional act caused the fatal incident. This can arise from a wide range of situations, including vehicle collisions or unsafe properties. Each case begins with a thorough review of how the incident occurred and who had a duty of care to the victim.
The challenge lies in connecting that duty of care to the breach that directly caused the death. For example, a trucking company may have failed to maintain its fleet, or a property owner may have ignored known safety hazards. Linking these actions or omissions to the fatal outcome is the foundation of a successful wrongful death claim.
Gathering Critical Evidence
Evidence is central to strengthening a wrongful death case. Attorneys often rely on accident reconstruction, medical records, expert testimony, and witness accounts to build a complete picture of what happened. In some cases, corporate documents, safety logs, or black box data can reveal patterns of negligence.
Families should preserve as much information as possible, including photographs, correspondence, or official reports. The stronger the documentation, the harder it becomes for defendants and insurers to deny responsibility.
Calculating the Full Value of Life
One of the most complex aspects of wrongful death cases in Georgia is calculating damages. The law recognizes the “full value of the life” of the person lost, which includes both economic and intangible contributions. This can cover not only the income the victim would have earned but also the companionship, care, and guidance they provided to their family.
Attorneys often work with economists and vocational experts to project long-term financial losses. At the same time, testimony from family members, friends, and colleagues helps demonstrate the emotional and personal impact of the loss. Together, these components demonstrate to the jury or insurer the true extent of damages.
Anticipating Defense Strategies
Defendants in wrongful death cases often attempt to shift blame onto the victim or minimize their own responsibility. They may argue that safety warnings were ignored, that the victim was partially at fault, or that the death resulted from unforeseeable circumstances. A strong legal strategy anticipates these defenses and prepares evidence to counter them.
By addressing potential weaknesses before they arise in court, attorneys can strengthen the case and protect families from unfair attacks on their loved one’s memory.
Why Experienced Legal Representation Matters
Wrongful death claims involve both legal complexity and deep emotional weight. Families deserve attorneys who will shoulder the legal burden, allowing them to focus on healing. An experienced wrongful death team will know how to navigate Georgia’s laws, gather the right experts, and present a compelling case in negotiations or at trial.
Contact Ashby Thelen Lowry Today
If you have lost a loved one due to a catastrophic incident in Georgia, you do not have to face the legal system alone. The Atlanta attorneys at Ashby Thelen Lowry have the experience, resources, and dedication to pursue justice for grieving families. Contact us today at (404) 777-7771 or online for a free consultation, and let us help you hold those responsible accountable while you focus on what matters most.