Factors involved in an Atlanta Wrongful Death Lawsuit
The Burden of Proof
The plaintiff’s estate is expected to meet the legal standard of burden of proof before the court, and this can only be done through their wrongful death attorney in Atlanta. You will need a majority of the evidence to prove your case of a wrongful death lawsuit in Georgia.
Thus all facts and evidence in respect of the case presented before the court must meet the four conditions listed above, before being declared to have met the legal definition of responsibility for a wrongful death occurrence. And to achieve this, you definitely require the services of a competent wrongful death litigator who is vast in the field.
There are four prerequisites for holding a person or entity legally accountable for a death in Atlanta. These include:
Negligence: It must be established that the defendant was negligent and that the death was directly due to the established negligence.
Bob drove a car on a country road in Georgia near Peachtree at 35 miles an hour. The maximum speed limit was 45 miles an hour. He struck and killed a cow that was crossing the road. The owner of the cow sued Bill for the value of the cow. Bill said that since he was not driving above the speed limit, there could be no liability for negligence. Was this defense valid? No. A person must at all times act in the manner in which a reasonable person would act under the circumstances. The fact that Bill was driving within the speed limit was only one of the circumstances to consider.
The weather in Georgia could certainly affect this or the condition of the road may have made it unreasonable to drive at 35 miles an hour. Driving slower than the speed limit does not in and of itself prove that the driver was acting reasonably. The reasonable person standard varies in accordance with the situation. The degree of care required of a person is that which an ordinarily prudent person would exercise under similar circumstances. This does not necessarily mean a degree of care that would have prevented the harm from occurring. The elements required to establish negligence are: the presence of duty; a voluntary act or failure to act (an omission) that breaches the duty; proximate causation of harm; and damage (i.e., the breach of duty causes harm to the plaintiff).
Duty of care: Your attorney must also establish that the defendant had a duty of care to another individual, like a doctor to a patient, a caregiver to someone they are looking after, or the driver of a vehicle to passengers or other road users.
Macpherson v. Buick Motor Co. (1916): Defendant sold car to a dealer, who then sold car to plaintiff. Car collapsed when plaintiff was in car due to a defective wheel. Wheel was not made by Buick Motor Co., but was made from another manufacturer. Defects could have been discovered through reasonable inspection, but none was done. Rule: When a danger is reasonably certain, and a future 3rd party is foreseeable, a duty of vigilance is owed to that 3rd party.
In the event that assembling carelessness is sensibly sure to cause risk, information that others may utilize the item, the producer is committed to make the item cautiously.
Regardless of whether a given thing is along these lines hazardous might be some of the time an inquiry for the court and now and then an inquiry for the jury. The closeness or remoteness of the connection is a factor to be considered.
Respondent was not exculpated from an obligation of assessment since it purchased the wheels from a respectable maker. It was not just a merchant in autos. It was a producer of cars. It was in charge of the completed item. It was not at freedom to put the completed item available without oppressing the segment parts to normal and basic tests. The commitment to investigate must shift with the idea of the thing to be reviewed. The more likely the peril, the more prominent the need of alert. Both by respondent's connection to the work and by the idea of its business, it is accused of a stricter obligation.
Breach of duty: It must also be established that the defendant did not live up to that duty, either due to negligence or intentionally. A break of an obligation esp. by a trustee (as an operator or corporate officer) in doing the elements of his or her position.
Causation: The last prerequisite is that your wrongful death attorney in Atlanta must establish that the defendant’s direct actions, or inactions, led to the death of the deceased.