Surviving family members can often bring a wrongful death claim after a loved one dies in an accident. Many of our clients have lost a beloved spouse, parent, or child in a fiery car crash or a dramatic truck accident. Helpfully, Georgia law allows these family members to pursue a wrongful death claim in many cases.
What is the standard of proof for this type of claim? Although someone has died, the standard of proof is not “beyond a reasonable doubt” as it is in criminal cases. An Atlanta wrongful death lawyer with Stewart Miller Simmons Trial Attorneys explains more in this article.
Family Members Must Prove Liability for the Death
First, it’s helpful to realize who carries the initial burden of proof. In a civil case, it is the party called the plaintiff. These are the people who filed the suit because they were injured, and they have the burden of proving liability for an accident.
Only after plaintiffs meet their burden, does the burden shift to the defendant, who might claim they were justified in acting as they did, such as out of necessity or in self defense.
In plain language, this means surviving family members need evidence to prove the defendant was responsible for the accident. It is not enough to go into court and make a blanket accusation that a driver was distracted or careless. You need solid evidence, such as witness testimony, cell phone records, or proof of intoxication.
Preponderance of the Evidence Standard
Second, the standard for a civil claim is “preponderance of the evidence.” This simply means it is more likely than not that the defendant is liable for the death.
This standard is much lower than the standard in a criminal case, which is proof beyond a reasonable doubt. There’s a reason for the lower standard in civil cases. For one, the defendant won’t go to jail if they are found liable for your loved one’s death. Instead, you can request monetary damages for your losses, such as lost income or the loss of the relationship.
Our legal system considers the loss of liberty more serious than a defendant paying money, so the law creates a higher hurdle for the state to clear in criminal cases. That hurdle is lower in civil cases because the defendant’s liberty isn’t at stake.
Although the standard of proof is not very high, it also isn’t meaningless. Our firm works overtime to find all relevant information to show who is liable for your loved one’s death:
- Car accidents. Typically, the other driver was careless or distracted and crashed into your family member. Of course, a driver will rarely admit, “I was texting and driving,” so we need to go search for proof.
- Truck accidents. Negligent truckers cause many wrecks because of fatigue or distraction. In other accidents, the trucking company is at fault for a defect on the truck or because they employ the negligent trucker.
- Property-related accidents. We typically need evidence the defendant knew of the hazard which led to the accident, or it existed for so long they should have discovered it. Additional evidence should show the defendant did not reasonably address the hazard or give warning to visitors.
Each case is unique and will require different pieces of evidence. Let us advise you on what information to hold onto. We are also skilled investigators who can visit an accident scene or analyze a police report.
Heightened Standard for Punitive Damages
We might seek punitive damages in some wrongful death cases. Family members can receive these damages in addition to any compensatory damages for loss of income or grief you suffer after losing a family member. Punitive damages represent the only form of “punishment” in the civil court system.
In Georgia, you will need clear and convincing evidence that the defendant committed:
- Oppression
- Malice
- Willful misconduct
- Wantonness
- Fraud
- Any act which exhibited a conscious indifference to consequences
This type of behavior goes above and beyond mere negligence. Instead, a defendant knew their actions were dangerous, or they possibly intentionally hurt someone. Punishment is warranted.
The clear and convincing standard is higher than the preponderance of the evidence. That means that if you want to request punitive or exemplary damages, we need even stronger proof of the defendant’s bad conduct.
Standard of Proof and Settlement Negotiations
Most personal injury cases settle outside court, and wrongful death cases are no different. What standard applies?
Actually, the same standard applies. Settlement negotiations happen against a backdrop of how a judge and jury would likely decide the case. That’s where we will end up if settlement negotiations fall through. For that reason, it is helpful to always analyze the strength of the evidence.
When the evidence of liability is clear, then a defendant has an incentive to settle. They know they will likely lose if they end up going to trial, and a jury could hammer them with a huge verdict in the family’s favor.
When evidence is weaker, then the plaintiff has more of an incentive to settle. They could possibly lose at trial and receive nothing, so any settlement is better.
Our wrongful death lawyers are always asking, “What would happen if we can’t settle?” We have decades of experience presenting cases at trial, so we know how jurors usually think. The answer to that question informs how we negotiate with the defendant.
Hire One of Our Atlanta Wrongful Death Attorneys
A wrongful death lawsuit allows grieving families to obtain compensation and feel a sense of justice. By holding someone accountable for the death of a close family member, you can also protect your family’s financial future by receiving a settlement. Call Stewart Miller Simmons Trial Attorneys so we can get started on your case.
There are many benefits to hiring a lawyer quickly. We can start gathering evidence to use before it disappears. We will also analyze whether the facts support seeking punitive damages. You can schedule a consultation by calling (404) 529-3476.