Introduction to Wrongful Death Lawsuits in Georgia
Wrongful death lawsuits are a critical aspect of personal injury law in Georgia providing a legal pathway for families to seek justice and compensation after losing a loved one due to another's negligence or misconduct.
Understanding Wrongful Death Lawsuits in the State of Georgia
What Constitutes a Wrongful Death?
In Georgia, wrongful death is defined as a death caused by negligent, reckless, intentional, or criminal acts of another person or entity. Below are some of the reasons a spouse, child or dependent might file a wrongful death claim in a Georgia civil court.
- Medical Malpractice: This occurs when a healthcare provider fails to meet the standard of care expected, leading to a patient's death. Examples include surgical errors, misdiagnosis, or improper treatment.
- Vehicle Accidents: Deaths resulting from car, truck, motorcycle, or other types of vehicular accidents can lead to wrongful death claims, particularly if one of the drivers was negligent, such as driving under the influence or not following traffic laws.
- Workplace Accidents: These involve fatal incidents that occur in the workplace, often in industries like construction, manufacturing, or mining where safety hazards are more prevalent. Employers can be sued for wrongful death if they fail to provide a safe working environment.
- Product Liability: If a defective or unsafe product causes death, the manufacturer or seller can be held liable. This includes anything from faulty automotive parts to unsafe pharmaceuticals or consumer goods.
- Criminal Acts: Families can file wrongful death claims in civil court even if the death resulted from a criminal act, like murder or manslaughter, regardless of the outcome of criminal prosecution.
- Premises Liability: This includes deaths caused by unsafe conditions on someone's property, such as slip and fall accidents, inadequate security leading to a fatal incident, or structural failures.
Who Can File a Wrongful Death Claim in Georgia?
A Georgia wrongful death lawsuit can be filed by specific parties outlined by state law. Here are the primary individuals who are eligible to file such a lawsuit:
- The Spouse of the Deceased: The surviving spouse has the right to file a wrongful death claim. If there are minor children involved, the spouse must also represent the interests of the children in the lawsuit, and any recovery is shared with them.
- Children of the Deceased: If there is no surviving spouse, the children of the deceased can file the claim.
- The Parents of the Deceased: In cases where the deceased does not leave behind a spouse or children, the parents can bring a wrongful death lawsuit.
- The Executor or Administrator of the Estate: If none of the above relatives are available, the executor or administrator of the deceased's estate can file the lawsuit. Any recovery obtained goes to the estate and is distributed according to the will or the state's intestacy laws if there is no will.
We're Here For Your Georgia Wrongful Death Lawsuit Questions.
Unexpectedly losing a loved one is one of—if not the—most difficult things to endure. At Fischer Redavid PLLC, we recognize just how challenging this time is for you and your family, and we want to extend our sincerest condolences.Our firm offers a compassionate, client-focused approach. We are aggressive when it comes to protecting your rights, without ever losing sight of what you and your family are going through. Our goal is to help you recover the full, fair compensation you are owed so that you can obtain the justice you deserve.
Please reach out to our legal team if you have questions or concerns about the death of a loved one. We serve all areas in Georgia, Florida, and the United States Virgin Islands.
