Everyone is destined to die at some point. However, when your loved one’s death is attributable to someone else’s negligent or unlawful actions, you deserve justice on their behalf. This is where wrongful death lawsuits come in.
A wrongful death lawsuit is designed to serve two purposes. First, it is meant to hold the negligent party accountable for their unlawful action. And second, it is meant to provide the victim’s family with financial restitution for damages resulting from their kin’s death.
So who can file a wrongful death lawsuit in Georgia?
In Georgia, a wrongful death lawsuit can only be filed by the deceased person’s spouse, child or parent. In the absence of these, the executor or personal representative will file a wrongful death lawsuit on behalf of the decedent’s estate.
And when can a wrongful death lawsuit be filed?
Wrongful death lawsuits arise in situations where the decedent could have filed a personal injury lawsuit against the defendant had they survived the wrongful actions that caused their death. Here are situations where a wrongful death claim may be pursued against the defendant:
Wrongful death claim following a murder or manslaughter
If a person intentionally claims another individual’s life, they will face a criminal charge. However, alongside this, the victim’s family may also file a wrongful death lawsuit with the goal of claiming damages. In this case, a wrongful death lawsuit is a civil case that will run separately from the criminal matter.
Wrongful death following a car accident
Sometimes, a car accident can result in a fatality. If it is established that the other party acted negligently, then the decedent’s family may prefer a wrongful death claim against them. Instances where a wrongful death claim can be filed following a car accident include deaths that result from drunken driving or blatant traffic violation.
Losing a loved one as a result of another person’s negligent actions can be devastating. Find out how you can pursue the damages you deserve if you have lost a loved one due to someone else’s unlawful actions.