Understanding Wrongful Death: What Constitutes A Claim In Georgia?

In this article, you can discover…

• How wrongful death is defined in Georgia.
• Who is eligible to file a wrongful death claim.
• The types of incidents that qualify for a wrongful death claim.

 What Is The Legal Definition Of Wrongful Death In Georgia?

In the State of Georgia, a wrongful death is defined as a death resulting from some type of crime, negligence, or product liability. For example, if a product is defectively manufactured and causes death, this loss of life could be defined as a wrongful death.

If loss of life resulting from a crime, negligence, or a product defect can be established, a wrongful death claim can exist.

How Does A Wrongful Death Case Differ From Personal Injury?

A wrongful death claim is brought by the estate or family members of the deceased person; this differs from a personal injury claim in that the latter is brought by an injured yet still-living party.

How Do Georgia Laws Define Who Is Eligible To File A Wrongful Death Claim?

In Georgia, there are two aspects to a wrongful death claim. In the first, the estate files a suit to cover funeral and burial expenses. The actual survivors of the deceased can then bring the rest of the damages claim that focus on the full value of the life of the deceased.

What Type Of Incidents Do You Commonly See In Wrongful Death Claims?

Auto accident cases are quite common. Premise liability cases are often seen, such as when someone dies in an apartment fire. Medical malpractice cases involve a doctor’s negligence or malpractice of medicine, causing someone’s death. In an incident where someone is shot and killed, a wrongful death claim can sometimes be brought, as well.

The Sexton Weldon Law Firm is a distinguished and caring firm serving Georgia. For a combined 40 years, attorneys Jonathan Sexton and Jacob Weldon have helped grieving families just like yours navigate the emotional and legal nuances of a wrongful death case.

Do you have questions about filing a wrongful death case in Georgia? Are you in need of justice and advice after a loved one’s wrongful death? Contact the Sexton Weldon Law Firm today at (470) 693-8777 for an initial consultation.

If a criminal act is involved, an attorney can work with you to discover if some party’s negligence caused or contributed to the event. This differs from an act that is intentional or premeditated. For example, if a child is shot by another child because their parent failed to properly secure a firearm in the home. The child who committed the shooting, if intentional, committed a crime, yet a parent or negligent gun owner may be liable for failure to warn the injured person or creating or allowing conditions to exist that caused the shooting.

In short, these are complicated scenarios that require an in depth review by an attorney in order to determine if a viable case exists.

How Do You, As Attorneys, Navigate The Intense Emotions That Accompany Wrongful Death Cases?

You get really attached to the survivors, and you have to have a lot of empathy for them. For instance, I had an older gentleman who was married to his wife for some 62 years. She had a blood transfusion with the wrong type of blood in a local hospital and died as a result.

We filed suit and went to mediation, and he cried through the whole mediation. He really had nobody to represent his interest at that moment other than the lawyer who was sitting there. He said “The money’s not important to me. I don’t really care.” He needed to have somebody that cares about him to advocate for him.

Showing emotion is often a good thing. If you care about your client, that’s going to come through, and a jury is going to care about your client, too. Whereas, if a lawyer views a case as a purely logical entity, then you’re not going to communicate the value or the loss of that person as effectively as you would if you care about the client.

It can be difficult at times to balance the professional with the emotional. Focusing on helping our client, the survivor, put this negative event behind them and helping them go forward on a more positive path is very rewarding.

For more information on Understanding Wrongful Death Claims In Georgia, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (470) 693-8777 today.