What is Considered Wrongful Death?
If someone dies as a result of someone else's misbehavior or negligence, their family members or survivors can contact an Atlanta Wrongful Death Lawyer and sue for wrongful death.
A wrongful death lawsuit seeks compensation for the losses suffered by the survivor.
But, exactly, what constitutes a wrongful death?
What evidence do you have?
We'll answer those questions and go over wrongful death claims in depth in the article below.
What’s a Wrongful Death Claim?
When a person dies as a result of someone else's negligence, a wrongful death claim can be made.
The ability to sue for wrongful death is a relatively recent idea.
Wrongful death was not included in "Common Law," which were the laws introduced from England to the United States.
However, both state and federal courts established the right to file wrongful death lawsuits in the last century.
Wrongful death statutes now exist in every state, including Georgia.
Wrongful death cases can arise from a variety of causes, including car accidents, medical negligence, and product liability.
People, companies, and government entities can all be held liable if they act recklessly and cause another person's death.
The Four Key Elements of Wrongful Death Cases
You must prove four components in order to bring a legitimate wrongful death claim.
They are:
Negligence
In order for a wrongful death claim to be successful, you must show that the death was caused in part or entirely by the defendant's negligence, recklessness, or negligent actions.
Breach of Duty
You must also show that the defendant owed the victim a duty of care.
When you drive your car, for example, you have a responsibility to drive safely and follow and respect all traffic rules.
Medical health providers also have a responsibility to ensure that a person's health is maintained.
To succeed in a wrongful death claim, the plaintiff must show that the defendant owed the victim a duty of care, and that the duty of care was breached owing to the defendant's negligent actions.
Causation
You must also show how the defendant's negligence caused the death of your loved one to prove that the defendant breached the duty of care.
Damages
The generation of quantifiable damages is the final step in proving a wrongful death case.
These damages are substantially comparable to those that could be awarded in a personal injury case if the victim had lived.
The following are examples of possible damages:
Hospitalizations
Medical expenses
Burial expense
Any funeral expense
Loss of income
Loss of potential earnings
Loss of protection, guidance, and inheritance
Loss of Consortium
Pain and suffering of the victim before their death
In a wrongful death lawsuit, proving these damages may need the presentation of substantial and convincing evidence, some of which may need the testimony of expert witnesses.
A skilled wrongful death lawyer will assist you in constructing your case based on the facts and evidence supplied.
Who Can File a Wrongful Death Claim?
A representative of the deceased victim's estate often files a wrongful death claim.
It is filed on behalf of survivors who had a relationship with the victim, and the number of survivors who are eligible to file varies by state.
A spouse can file a wrongful death lawsuit on behalf of a deceased individual in every state.
If one of their children is killed, a parent of a minor can file a wrongful death lawsuit.
If a parent is slain, minors may be entitled to compensation.
When it comes to whether or not parents of adult children can sue, if adult children can sue for their parents' wrongful death, if grown siblings can sue for wrongful death, or if extended relatives like cousins, aunts, uncles, or grandparents can sue on behalf of the deceased person, state laws begin to diverge.
The more distant the family relationship, the more difficult it will be to carry a wrongful death case forward.
In some places, a romantic partner does not need to be married to file a wrongful death claim.
In some states, anyone who can demonstrate financial dependency on the deceased can file a claim.
Contact A Wrongful Death Lawyer In Georgia
It is extremely difficult to prove and then win a wrongful death lawsuit without the assistance of an expert attorney.
Even if you win it on your own, you may not receive the full amount of compensation you deserve.
A wrongful death lawyer in Georgia will be familiar with the state's wrongful death statutes.
The Mabra Law Firm has the knowledge and experience that will help you prove your case and keep it moving forward throughout the process.
To book your Free Consultation with the Mabra Law Firm, call today.