Wrongful death cases are increasing in the U.S. and result in an unjust and unfortunate event for the victim and their family. Wrongful deaths occur when an individual is killed due to the negligence or misconduct of another person. Medical malpractice, automobile accidents, and manufacturing defects are the most common reasons that lead to wrongful death cases.
Damages Caused by Wrongful Death Incidents:
- Pain and suffering of the victim and family
- Medical costs
- Funeral costs
- Loss of inheritance
- Loss of the victim’s income
- Loss of parental guidance if children are minors
- Loss of consortium
- Loss of love and companionship
- Punitive damages if actions were hateful
Is a Wrongful Death Claim Applicable to your Case?
Wrongful death cases in Fayetteville, GA can only be filed in one scenario. An individual had the possibility of only having a personal injury that they could survive but is killed due to the wrongdoings of the defendant.
These incidents take place in different forms. If a victim dies due to medical malpractice, the doctor is held accountable for their carelessness, wrong diagnosis, and health management. If a victim faces fatal injuries due to a car accident, a wrongful death case can be filed for careless and distracted driving. Furthermore, if a victim is intentionally killed, the defendant will face charges in a criminal case as well as civil lawsuits by the victim’s family after they make a wrongful death claim and gather all necessary evidence.
Who Can File a Claim?
A representative for the victim’s case can be an individual that is from the immediate family, chosen by the family, a financial dependent, or a person that controls the estate of the deceased person. These vary from state to state. A spouse, parents of minors, or children can collect compensation for the death of their loved one. In some states, people that can prove they were financially dependent on the deceased can receive compensation. Romantic partners, without the requirement of marriage, can bring forward a wrongful death claim as well.
The problem arises when it comes to adult children. States disagree on whether parents of adult children can file a claim for the death of their child or adult children can file a case for the death of their parent. Moreover, if grown-up siblings and distant relatives such as cousins, aunts, grandparents, etc. can file a claim. Generally speaking, the distant the relationship is, the more difficult it is to get legal compensation through a wrongful death case.
What Does a Georgia Car Accident Lawyer Have to Prove in Wrongful Death Cases in Fayetteville, GA?
To prove your case against the defendant, the person who has filed the case will have to gather all supporting evidence and proof. The plaintiff has the burden of finding all appropriate evidence against the defendant that may help the case. This is where a Georgia Car Accident Lawyer comes in. A good lawyer will take all these responsibilities from you and gather all the evidence as well as fight your case as well.
If the plaintiff files for a wrongful death case in Fayetteville, GA, caused by a car accident, they will prove negligence on part of the defendant. They will also emphasize the fact that the defendant was at fault which lead to wrongful death. This means the lack of responsibility on behalf of the defendant led to the death of the victim and the plaintiff is trying to recover the damages caused by their negligence.
Are Wrongful Death and Negligence Lawsuits the Same?
Both wrongful death and negligence cases are a result of carelessness and intentional acts, however, they are not the same. The negligence lawsuit is filed by the victim themselves, within the specified period of time, to fight for the losses they incurred. A victim will file a lawsuit for the other driver’s carelessness.
A wrongful death case is filed by the victim’s immediate family. This is usually the individual that filed the wrongful death claim, after the death of the victim to get compensation for the unfortunate circumstances.
The Top Georgia Accident Attorneys:
If you are dealing with a wrongful death due to a car accident, contacting a Georgia car accident lawyer can help provide you with the necessary information. Filing for wrongful death cases in Fayetteville, GA helps fight against the person’s wrongful actions and get you compensation for your losses, which resulted from the family member’s death.
Contact the top Georgia Accident Attorneys today and we will fight for the compensation you deserve.