Wrongful death has lower standard of proof than criminal case

Not all accidents appropriately framed for a wrongful death. Some accidents are just accidents after all. But if there is even a small suspicion that someone’s negligence could have caused or contributed to loved one’s untimely death, it is certainly worth looking into. The truth is that negligence could come attributed to a single person, a business or even a related-third party.

Fatal accidents could happen at work, while driving, or really when doing anything – anywhere! That is a scary thought; that danger looms in every corner of our everyday life. However, generally, incidents involving negligence are rare. For those unlucky enough to experience it, proving negligence includes the clause ‘preponderance of the evidence’ rather than in criminal cases, beyond a reasonable doubt.

This means that the level of proof needed to prove negligence in a wrongful death case is lower than in criminal cases. It’s possible that two cases could co-exist or be created when a person dies unexpectedly. It’s possible that a family could lose the criminal case but have a favorable outcome in the wrongful death suit. Wrongful death suits seek damages for those left behind after a loved one’s unexpected death due to another’s negligence.


Brain Injury, Truck Driver Negligence, Roadway...


Amputation, Medical Malpractice


Brain Injury, Medical Negligence


Amputation, Medical

Holding Wrongdoers Responsible

Malone Law is known for its willingness to take cases to trial when defendants refuse to accept responsibility for their actions — particularly in situations where death or devastating injuries have been caused by careless commercial trucking companies, sloppy health care and manufacturers of defective products. Tommy secured one of the first verdicts over a million dollars in Georgia history — a $1.2 million verdict in a 1982 jury trial against a trucking company involving the needless death of a 7-year-old girl. Throughout his career, Tommy continued achieving record verdicts, including a recent verdict of over $49 million against two careless trucking companies for causing a severe brain injury to a pre-med college student.

Likewise, Adam has continued this tradition and has broken his father's record verdict in their hometown of Albany with a $24.5 million verdict in a medical negligence case for a 14-year-old football player.

Making Our Hospitals & Roads Safer

In addition to the many multimillion-dollar recoveries we at Malone Law have obtained for our clients, we take pride in our ability to drive positive change in our community.

An inevitable result of many of the verdicts and settlements we obtain is system change to correct their actions to prevent similar harm from occurring to others in the future.

Our attorneys and staff work diligently to make life better for our clients as well as those in our community.

"Together we've been able to not only make a difference for our clients," says Adam, "but also do our part in helping to make roadways and hospitals safer for everyone."

Put a tradition of excellence on your side. From catastrophic motor vehicle accidents to devastating medical malpractice injuries, our team of dedicated professionals can help you get your life back on track. Contact our office in Atlanta by calling 770-390-7550 or by filling out our online contact form.

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