Losing a loved one is always hard – but sometimes, it’s even harder when the loss could have been prevented. A wrongful death occurs when there is misconduct or negligence on the part of another. A wrongful death claim is a special type of lawsuit that seeks compensation for the emotional and financial damages caused by the loss of a loved one. Here is how a wrongful death claim works.
Georgia law defines a wrongful death as one that occurs when one person dies as a result of the legal fault of another person or entity, including by a negligence-based incident, medical malpractice, a defective product, or an intentional act, such as a crime.
There are four points that must be proved in order to win a wrongful death lawsuit.
You must prove that there is negligence, or that the death of your loved one was caused by recklessness, carelessness, or negligent actions.
You must also be able to prove breach of duty. Breach of duty is one that can apply to both motorists and medical health providers. For example, motorists have a duty to drive safely, and medical health providers have the duty to maintain a patient’s health.
In addition to proving breach of duty, the plaintiff must also prove how the negligence caused their loved one’s death. This is known as causation.
Damages should also be proved. This can fall into two categories – the first being the full value of the life of the deceased. This can include loss of income your loved one would have made, as well as loss of companionship your loved one would have provided. The second type of damages includes economic losses, such as medical bills, funeral costs, and pain and suffering that your loved one felt leading up to their death.
When you file your claim, you must prove all of these in order to receive financial compensation.
Georgia law states that the only survivors who can bring a wrongful death lawsuit to court are children, spouses, and parents, if there is no spouse or children. Claims must also be filed within two to four years of the death.
Speaking with an experienced personal injury lawyer can help you through this sad and shocking time. Connect with Greathouse Trial Law today. We are experts in the process who will do what it takes to get the outcome you deserve.
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