Wrongful death is one of those legal terms that sounds strange and is hard to understand at first. However, it is a relatively simple concept, as well as an important one. The reason being that it is often the only way that the loved ones of the deceased are able to get the justice they deserve. A wrongful death claim can be filed whether the death was the result of an accident, whether it was due to negligence, or even if it was intentional.

Essentially, it is possible to file a claim if the deceased person’s estate, or those close to the decedent, believe that their death was the result of a wrongful action. When they are ready to file a claim on behalf of the deceased, they need to contact a law firm like Seay & Felton, wrongful death attorneys in Atlanta.

What Is Wrongful Death?

A claim of wrongful death can happen when someone dies in what would otherwise be a personal injury case. So, normally a car accident would be a personal injury case, but if one of the victims dies on the scene, or if they die later on from injuries sustained in the car accident, then their loved ones can file a wrongful death claim against the other driver.

Another example is in the case of medical malpractice. Normally, this would be a subcategory of personal injury, but if the person dies as a result of the malpractice, then their estate can file a wrongful death suit against the healthcare professional who should have been taking care of them.

Wrongful death also applies to intentional deaths as well, not just negligent ones. That is because an intentional death usually results in criminal charges. Those charges, in turn, result in some form of punishment, such as jail time, or the death penalty. However, criminal charges do not offer the victims of the deceased any kind of compensation; if they wish to receive compensation for pain and suffering, funeral expenses, and so on, then they need to file a wrongful death claim.

Who Can Sue For Wrongful Death?

A wrongful death claim can be filed by someone who represents the survivors of the deceased. If the deceased left behind a will, then the executor of that will can file a wrongful death claim. The spouse of the victim is also eligible to file a wrongful death claim. If the deceased has any minor children, then an adult can file a claim on their behalf.

If a minor is a victim, then their parents can file a claim. The more distant relation is to the deceased, the more difficult they might find it to file a claim. In some states, the unmarried, romantic partner of the deceased can file a wrongful death claim, as can anyone who was financially dependent on the deceased.

Who Can Be Sued For Wrongful Death?

A wrongful death suit can be brought against any person or entity that can be served with a personal injury suit. That means a claim can be filed against individuals, companies, or government agencies. There are some cases where a person or company can have immunity from a wrongful death lawsuit, but that varies from state to state.

What Needs To Be Proven In a Wrongful Death Case?

The plaintiff, or rather, the plaintiff’s attorney, must prove that the defendant was negligent and their negligence is what caused the wrongful death. Only then will the court order the defendant to pay any damages to the family of the deceased. The following elements need to be proven in a wrongful death case.

Duty of Care: The defendant must have had a duty of care to the deceased. What this means is that the defendant should have acted in a prudent way that is deemed reasonable by the law. In the example of a fatal car accident, the defendant should have been following the law while they were driving, meaning that they were not driving drunk, speeding, running red lights, and so on.

Breach of Duty of Care: This is when the defendant has violated the duty of care expected of him or her. For example, if a doctor misdiagnoses a patient, which leads to the prescription of the wrong medication, which causes an adverse reaction that leads to the patient’s death.

Causation: It needs to be proved that the actions of the defendant were directly responsible for causing the wrongful death. There needs to be a line connecting the defendant’s negligence to the death of the individual.

What Kind Of Compensation Can Be Received in a Wrongful Death Case?

In a wrongful death case, the financial compensation is referred to as damages and they can be used to cover the following:

Survival Claim – These are the damages that pay for any pain and suffering the deceased may have suffered before they passed on.

Medical Costs – If the deceased required medical care before they died, then the victim’s family or estate should receive compensation.

Funeral Costs – The costs of a coffin or a burial plot should be covered by the damages received.

Loss of Income From the Deceased – Any money that the victim would have earned had they not died can be compensated for by damages received.

Loss of Consortium – This refers to the loss of any love, companionship, or friendship the friends or family would have received had the wrongful death not occurred.

Do Not Hesitate To File Your Wrongful Death Claim

In Georgia, the statute of limitations for a wrongful death case is two years from the date of death, which means that you should not wait too long before filing a wrongful death claim. It is understandable that some time needs to be spent on the grieving process, but if you want to get the compensation that you need, you should contact an experienced wrongful death attorney as soon as possible. The attorney will take care of the legal proceedings leaving you and your family to take care of each other.