Trial Attorney Blog
The loss of a loved one is an unthinkable tragedy, particularly if their death occurred due to negligence or misconduct of another.
The Emotional and financial weight imposed on survivors can be more than they can bear.
Money cannot adequately repay the loss of a loved one, but holding someone accountable with a wrongful death claim can result in justice as well as financial compensation.
You can be assisted through the process by a wrongful death attorney in Atlanta, and your rights represented and ensured that you are fairly compensated.
This guide outlines wrongful death claims, how the process works legally, the role of an attorney, and how to maximize your claim.
Understanding Wrongful Death Claims
A wrongful death claim happens when a person dies as a direct cause of the negligence, willful actions, or reckless behavior of another party.
These claims are filed by surviving relatives or representatives of the estate of the decedent as a means of obtaining monetary compensation for their loss.
In contrast to criminal proceedings, in which the defendant is sent to prison or fined, wrongful death cases are civil actions brought to obtain monetary damages for the families of the victims.
Elements of a Wrongful Death Case
To establish wrongful death, the plaintiff has to prove the following legal elements:
- Duty of Care – The defendant owed a legal duty to conduct himself in such a way as to protect other people’s safety. For instance, a motorist owes a duty to observe traffic rules and drive carefully.
- Breach of Duty – The defendant failed to perform their duty of care.This may include negligent conduct, for example, texting while driving, medical negligence, or neglecting to keep premises safe.
- Causation – The defendant’s negligent act directly resulted in the death. The plaintiff has to establish that the fatal injury would not have been sustained but for the defendant’s negligence.
- Damages – The plaintiff should prove that they have incurred monetary or mental losses as a result of the wrongful death.
Common Reasons of Wrongful Death in Atlanta
Atlanta has a large number of wrongful death claims based on different reasons such as traffic accidents, medical malpractice, work accidents, and so on. The most frequent causes of wrongful death in Atlanta are:
1. Motor Vehicle Collisions
Vehicle accidents are some of the common causes of wrongful fatalities in Atlanta.
Dangerous driving practices cause most of the fatal crashes, such as:
- Driving under the influence
- Racing
- Dangerous driving
- Distracted driving (texting, phone talking)
- Running red lights or stop signs
- Commercial truck crashes caused by driver fatigue or overloaded vehicles
2. Medical Malpractice
Medical professionals are required to exercise a reasonable degree of care.
An error made by a medical professional can have the most devastating outcomes.
Among the most common types of medical negligence that lead to wrongful death are:
- Misdiagnosis or failure to diagnose
- Surgical errors
- Errors with anesthesia
- Errors with medications
- Birth trauma
- Failure to monitor a patient’s condition
3. Workplace Accidents
Certain occupations, such as construction, manufacturing, and transportation, carry a greater risk for workplace deaths.
The employers become liable for wrongful death if they do not provide a safe work environment.
Some typical work-related wrongful deaths occur due to:
- Fall from a height
- Contact with hazardous chemicals
- Defective equipment
- Lack of safety training
- Lack of maintaining OSHA requirements
4. Hazardous or Defective Products
It is the responsibility of manufacturers to make their products safe for use.
In case of a fatal accident caused by a defective product, the manufacturer, distributor, or retailer is liable.
Commonly defective products responsible for wrongful death are:
- Defective automobile components (brake failure, faulty airbags)
- Dangerous drug medications
- Faulty medical equipment
- Inherently flammable household appliances
5. Premises Liability Cases
Landowners have a responsibility to keep safe conditions for invitees.
In the event of a fatal accident resulting from an unsafe environment, the landowner or property manager is liable.
Typical premises cases that cause wrongful death are:
- Slip and fall incidents
- Inadequate security causes deadly assaults
- Swimming pool drowning accidents
- Building structural collapse
6. Criminal Acts Leading to Wrongful Death
If a person is murdered by assault, homicide, or violent crime, the victim’s family is entitled to sue for wrongful death in civil court.
A civil lawsuit may still be filed even if the assailant is prosecuted criminally because a different remedy is being sought, and financial compensation to the victim’s family is desired.
Who May Bring a Wrongful Death Action in Georgia?
Georgia statute defines who may bring a wrongful death action.
According to O.C.G.A. § 51-4-2, the following persons may bring an action:
- Spouse of the decedent – The surviving spouse has the initial priority to bring the action and must share the recovery with any surviving children.
- Dependents of the deceased – If there is no surviving spouse, the dependents can make the claim.
- Parents of the deceased – If the deceased was single and had no dependents, their parents can make the claim.
- Estate representative – If there are no immediate family members, the executor of the estate of the deceased can make a claim on behalf of the surviving relatives.
Compensation You Can Claim in a Wrongful Death Lawsuit
Wrongful death settlements seek to cover families for financial and emotional losses. Compensation normally consists of:
1. Economic Damages
These comprise the financial expenses directly associated with the wrongful death, including:
- Medical expenses incurred prior to death
- Funeral and burial costs
- Lost wages and benefits that the deceased would have received
- Loss of financial support to dependents
2. Non-Economic Damages
These cover damages for psychological or emotional damages, which cover:
- Physical or emotional suffering of surviving loved ones;
- Loss of consortium for the spouses;
- Loss of protection, guidance, and care for children;
- Emotional loss in the family.
3. Punitive Damages:
When the court holds the defendant liable for a gross case of negligence or wanton conduct, punitive damages are granted as a punitive measure against the wrongdoer and also to deter the wrongdoer from such conduct in the future.
Reasons to Consult an Experienced Wrongful Death Lawyer in Atlanta
Wrongful death claims involve complex legal processes requiring the capacity of a qualified lawyer.
An Atlanta wrongful death lawyer can help with:
- Investigating, protecting, and obtaining key evidence;
- Identifying all possible liable parties;
- Negotiating with insurance companies for adequate settlement;
- Advocating for you in court if the case goes to trial.
- Being aware of Georgia’s statute of limitations with respect to wrongful death, where a claim must be filed within two years of death.
How to Select a Skilled Wrongful Death Lawyer in Atlanta:
The selection of an attorney is of the greatest importance in determining cases.
Remember the following factors while choosing an attorney:
- Experience in dealing with wrongful death cases
- Successful track record of settlements and verdicts
- Positive client reviews and testimonials
- Readiness to go to trial if required
Conclusion
It is tragic to lose someone due to negligence, and though nothing can get them back, a wrongful death lawsuit will ensure justice for the grieving family and remuneration for them.
A skilled Atlanta wrongful death lawyer will walk the grieving family through the process of collecting evidence and fighting for fair compensation.
If you are in need of experienced help, contact Finch McCranie LLP.
Their seasoned team of attorneys has a distinguished record of pursuing wrongful death cases and assisting families to win the fair recovery they are entitled to.
FAQ’s
What is wrongful death?
Wrongful death happens when a person loses his life because of another’s negligence, carelessness, or intention. Typical causes are road accidents, medical negligence, and industrial accidents. The bereaved family members are entitled to claim monetary damages.
Why do some people believe that the death penalty is wrong?
Opponents contend the death penalty is a violation of human rights, there is a possibility of killing innocent people, and it has no established deterrent value. It is also widely perceived as being applied unfairly on the basis of race and economics. Alternatives such as life imprisonment are considered more equitable and humane.
What is a wrongful death lawsuit?
A wrongful death suit is a civil case instituted by surviving loved ones against the guilty party. It is to recover medical bills, lost wages, funeral charges, and mental anguish. Contrary to criminal proceedings, it is concerned with monetary justice as opposed to retribution.
What is a wrongful death claim?
A wrongful death claim is a legal action filed when a person dies due to the negligence, reckless behavior, or intentional misconduct of another party. It allows surviving family members to seek compensation for their loss.
How does a wrongful death lawsuit differ from a criminal case?
A wrongful death lawsuit is a civil action seeking financial compensation, while a criminal case involves penalties such as imprisonment or fines for the accused.
- What types of damages can be recovered in a wrongful death claim?
Families may receive compensation for: - Economic damages (medical bills, funeral costs, lost wages)
- Non-economic damages (pain and suffering, emotional distress, loss of companionship)
- Punitive damages (awarded in cases of extreme negligence or misconduct)
Who can file a wrongful death lawsuit in Georgia?
According to Georgia law, the following individuals can file a wrongful death claim:
- The surviving spouse
- The children of the deceased (if no spouse)
- The parents of the deceased (if no spouse or children)
- The estate representative (if no immediate family)