Wrongful Death In Atlanta: What Is It And How To File A Lawsuit
Wrongful death can occur when someone close to you passes away for reasons other than natural causes. Wrongful death occurs when a person is killed as a result of negligent or reckless behavior, such as driving while intoxicated or leaving dangerous chemicals around children.
Thousands of people die each year as a result of accidents or negligence. If this occurs, the victim's family may be able to file a wrongful death lawsuit against the person or party who caused the death. Wrongful death lawsuits in Atlanta can provide much-needed compensation to the victim's loved ones, but understanding what wrongful death is and how to file a lawsuit is critical.
What Is Wrongful Death?
Wrongful death is a legal term for the intentional and wrongful killing of another human being. It can also refer to careless behavior that causes bodily harm or death, such as car accidents and workplace injuries. If you believe someone died as a result of wrongful actions, it is critical to understand how this type of case works before seeking legal assistance. To file a wrongful death lawsuit, you must first determine when the person died, which state they resided in, and who is liable for the damages. You'll also need to gather evidence to back up your claim about what happened leading up to their death. It may appear confusing at first, but there are many resources available to help you make sense of these questions, such as speaking with a wrongful death law firm.
What Constitutes Wrongful Death?
Many different circumstances can give rise to a wrongful death lawsuit, such as medical malpractice, motor vehicle accidents, toxic torts, manufacturing defects, or criminal activity. Each state has its own wrongful death statute, with its own criteria and procedure for bringing a wrongful death lawsuit. In some cases, there may be certain agencies that have governmental immunity from prosecution for wrongful death lawsuits.
Medical malpractice, also known as professional negligence, is the act of a healthcare provider failing to provide an appropriate standard of care that results in injury, illness, or death to a patient. To prove medical malpractice, the injured party (or their representative) must show that the healthcare provider failed to meet the accepted standard of care in the medical community, that this failure resulted in injury or death, and that the injury or death was caused by the healthcare provider's negligence.
Motor Vehicle Accidents
While the term wrongful death can be used in a variety of contexts, it is most commonly associated with motor vehicle accidents. A wrongful death lawsuit may be filed by the family of a victim who has died as a result of someone else's negligence or recklessness.
To file a wrongful death lawsuit, you will need to prove that the defendant was negligent or reckless in some way and that this negligence or recklessness caused the death of your loved one. There are a number of factors that can be taken into account when determining negligence, including:
- The driver's level of intoxication
- The speed of the car
- The condition of the car
- Whether or not the driver was wearing a seatbelt
- The weather conditions at the time of the accident
In cases of wrongful death, it's not always clear who is at fault. However, in some cases, the blame may fall on the manufacturer of a product. This can be due to manufacturing defects in the product that causes injury or death.
Manufacturing defects can occur in a number of ways. For example, a product may be defectively designed, meaning that it was not created in a way that made it safe for consumers. Alternatively, a product may be defectively manufactured, meaning that it was not made to the correct specifications. This can lead to problems such as defective parts or materials that can cause injuries or death.
How To File A Wrongful Death Lawsuit
If you've lost a loved one due to someone else's negligence or intentional actions, you may be wondering how to file a wrongful death lawsuit. The first step is to understand the basics of these types of cases and gather evidence that supports your claim. You'll also need to know which state the deceased lived in and who is responsible for the damages. Once you have this information, you can begin working with an attorney to build your case and get the justice your loved one deserves.
Filing a wrongful death lawsuit can be a complicated process, so it's important to seek legal help as soon as possible. Alexander Shunnarah Trial Attorneys has an experienced attorney that will be able to guide you through the process and help you get the justice you deserve.
Who Can File A Wrongful Death Claim?
Depending on the state, a wrongful death lawsuit must be filed by a representative on behalf of the eligible survivors who suffered harm from the decedent’s death. These survivors are called “real parties in interest,” and the eligibility of family members differ from state to state. In all states, spouses, children, and the parents of unmarried children may act as representatives to sue the negligent party. In some states, other people like putative spouses or financial dependents also may recover damages. In other states, siblings and grandparents can bring a claim.
Generally, the representative of the real parties in interest who is bringing the suit must prove a death caused by someone else’s negligence or intentionally wrongful actions, the survival of family members who suffered harm because of the death, and who are eligible to recover for damages, and the appointment of a personal representative of the decedent’s estate when appropriate.
Wrongful Death Damages
A representative who brings a lawsuit for wrongful death may recover both economic and non-economic damages to be distributed to family members eligible to recover. Economic damages include medical and funeral expenses, out-of-pocket expenses, lost household or other services, loss of support and income, and lost prospect of inheritance. If an adult wage earner with children dies, his or her children may recover from the loss of parental guidance.
Noneconomic damages, such as pain and suffering, also may be recovered. The damages award will include interest starting from the date of the death. In some states, a jury may award punitive damages when the decedent died due to egregious conduct and gross negligence by the defendant. However, in most states, punitive damages are not permitted in wrongful death lawsuits.
How To Find The Best Personal Injury Lawyer In Atlanta, GA?
When someone suffers a wrongful death, the family may be able to file a lawsuit. This type of lawsuit is filed when someone dies as a result of the negligence or intentional act of another person. The family can seek damages for the emotional pain and losses they have suffered.
To find the best personal injury lawyer in Atlanta, GA, you should ask around for referrals. Friends and family members who have had a good experience with a personal injury lawyer are a good source of information. You can also search online for reviews of personal injury lawyers in Atlanta.
Once you have some names of potential lawyers, you should interview them to find the one who is the best fit for your case. Be sure to ask about their experience with wrongful death lawsuits, and whether they have handled cases similar to yours. You should also ask about their fees and whether they will take your case on a contingency basis.
Contact A Wrongful Death Law Firm In Atlanta
If you have lost a loved one in an accident that you believe was wrongful, you may be wondering what your next step should be. Contacting Alexander Shunnarah Trial Attorneys in Atlanta, GA is a good place to start. They can help you understand your rights and guide you through the legal process.
A wrongful death lawsuit is a civil action that is filed by the family of a person who has died due to the negligence or wrongful act of another person or entity. The suit seeks monetary damages to compensate the family for their losses, including funeral expenses, medical bills, loss of income, and pain and suffering.
To file a wrongful death lawsuit in Georgia, you must be the personal representative of the deceased person's estate. This is typically the executor named in the will or the person appointed by the court if there is no will. The personal representative is responsible for filing the lawsuit and representing the family in court.
If you are considering filing a wrongful death lawsuit, contact Alexander Shunnarah Trial Attorneys for advice. They can help you determine if you have a case and guide you through the process. Call them today.