Georgia Wrongful Death Cases

Georgia wrongful death cases are a form of personal injury law in which the victim’s dependants and beneficiaries may file a lawsuit in order to recover damages for their loss. If you have recently lost a loved one because of the misconduct or negligence of another person or party, you should to speak to an experienced wrongful death attorney.

Wrongful death cases fall into three categories: intentional actions, negligence, and strict liability. In a wrongful death case involving intentional actions, the plaintiff must prove that the defendant acted with malice, and the death was intentional. The defendant may face criminal charges; however, civil charges must be filed in order to recover damages for the wrongful death.

In a negligence wrongful death case, the plaintiff must prove that the defendant had a duty to care for the victim and, by breaching that duty, caused the wrongful death. The plaintiff must also prove that the defendant knew of the foreseeable risks of failing to perform that duty. For example, a driver has a responsibility to drive safely in order to keep others on the road from being harmed. If a driver performs negligent acts, such as speeding or texting while driving, which causes personal injury and/or death to another party, he or she may be found liable.

A strict liability wrongful death case typically involves a manufacturer that produced or sold defective products that did not meet safety standards, thus resulting in wrongful death.

No matter the type of wrongful death case, the plaintiff must prove that the defendant was liable for the conduct leading to the wrongful death. The plaintiff must also show the court the damages that occurred as a result of the defendant’s action.

If the plaintiff is successful, he or she may be awarded damages for mental anguish, loss of companionship, and loss of potential earnings. Actual damages for medical bills and funeral costs may also be awarded. If the defendant was grossly negligent or acted with malice, punitive damages may be awarded as a form of punishment.

To learn more about Georgia wrongful death cases, you should speak with a skilled attorney. The attorneys at Head, Thomas, Webb and Willis can examine your case to determine your legal rights at this time. For a free consultation, please contact our firm today.