When our loved ones die, it is naturally a very upsetting thing. When they die due to the negligence or carelessness of another, it is only natural to want to hold the party responsible for their death accountable. Wrongful death claims involve the family or other representative of a deceased person suing a party whose negligence they believe caused the death of the deceased. Wrongful death lawsuits can arise in many situations, but at their root are the following principles:
- A person or party owed a duty of care to the deceased
- That person or party breached that duty of care
- That breach proximately caused the death
- And that there are damages (the death itself acting as one aspect of the damages)
Who may sue for wrongful death in Georgia depends on the circumstances and is governed by statute. Generally, people with standing to sue are a spouse, children, or parents of a decedent. If there is no one within these categories able to file a wrongful death claim, the administrator or executor of the deceased may file a wrongful death action and hold it for the next of kin.
Situations that may give rise to a wrongful death claim abound. Here are some of the some common scenarios in which a person could negligently breach their duty of care resulting in a person’s death.
- Car accidents
- Motorcycle accident
- A physician misdiagnosing a patient
- A pharmacy incorrectly filling a prescription
- Defectively manufactured cars
- Defectively manufactured drugs
- A common carrier failing to service or maintain its vehicles
Contact a Fayette County wrongful death attorney today for a free consultation
If you have lost a loved one due to the negligence of another person, you may be entitled to substantial compensation. The Law Offices of Shane Smith is a law firm comprised of wrongful death lawyers dedicated to helping people who have lost loved ones because of someone else’s negligence. In order to determine whether you have a claim, you should consult with an experienced Fayette County wrongful death attorney. To schedule a free consultation with one of our lawyers, call us today at (770) 484-8999.