When an act of negligence or misconduct leads to the death of another, the surviving person may file a lawsuit. This suit, in question, is wrongful death. In Georgia, wrongful death may include medical malpractice, a car accident or even an intentional death. The difference between wrongful death and a murder charge is that wrongful death is a civil charge. There is less of a burden of proof and the consequences are different. A person does not have to face criminal charges for you to file a suit for wrongful death.
If you lose a loved one due to someone else’s negligence, you may consider a wrongful death action. According to FindLaw, there must be surviving members of the family, who suffered monetary injury after the death. In many cases, medical bills or funeral costs can be too high for a family to pay.
A person or organization’s actions can destroy a family’s livelihood. Not only does the action steal a loved one who is irreplaceable but also it can become a serious financial burden. The components of a wrongful death lawsuit include:
- A person’s death at the hands of another person’s negligence or at a person’s intent to harm said person
- Surviving family members who suffered injury in regards to finances due to the death
- A representative in charge of the decedent’s estate
If a worker is exposed to risky and hazardous conditions at work, if a person suffers a death during a supervised activity or if medical malpractice is at play, it may be wrongful death.
The above is not meant to be interpreted as legal advice. It is for educational purposes only.