The death of a family member is always painful. When that death could have been prevented, grief is often joined by anger, confusion, and difficult questions about what happened. A wrongful death may result from medical malpractice, a car crash, a defective product, an unsafe property condition, or another person’s reckless behavior.
Georgia law allows certain surviving family members to pursue a wrongful death lawsuit when a person dies because of another’s negligence or wrongful conduct. Although a lawsuit cannot undo what happened, it can provide accountability and financial compensation for the life that was lost.
What Is a Wrongful Death Lawsuit?
A wrongful death lawsuit is a civil claim arising from a death caused by another person or organization’s negligence, malpractice, or intentional misconduct. The key question is whether the deceased person would have had the right to bring a personal injury claim if they had survived.
For example, if a patient visits an emergency room with heart attack symptoms and the medical team fails to order appropriate testing before sending the patient home, the patient may have had a medical malpractice claim. If the patient dies, Georgia law may allow surviving family members to pursue a wrongful death claim. The patient’s estate may also have separate claims for certain losses related to the injury and death.
Unlike a criminal prosecution, a wrongful death lawsuit is a civil action brought by an eligible family member or estate representative seeking monetary compensation.
What Types of Accidents Can Lead To Wrongful Death Claims?
Wrongful death cases can arise from almost any incident that would have supported a personal injury claim if the victim had lived. Common examples include:
- Medical malpractice
- Surgical errors
- Delayed diagnosis
- Medication mistakes
- Birth injuries
- Nursing home neglect or abuse
- Car accidents
- Truck accidents
- Motorcycle accidents
- Defective products
- Premises liability cases
- Workplace incidents
Every wrongful death claim requires a thorough investigation. Depending on how the death occurred, the evidence may include medical records, accident reports, witness statements, expert testimony, surveillance footage, or other documentation establishing liability.
Who Can Bring a Wrongful Death Lawsuit in Georgia?
Georgia law establishes an order of priority for determining who may bring a wrongful death claim. A family member does not automatically have the right to file simply because they were close to the deceased person.
Generally, the following individuals may file a wrongful death lawsuit:
- Surviving spouse: When the deceased person leaves behind a husband or wife, the surviving spouse will generally file the wrongful death lawsuit.
- Children: If there is no surviving spouse, the deceased person’s children may bring a wrongful death action.
- Parents: When a child dies without leaving a spouse or a child of their own, the child’s parents may generally pursue a claim.
- Estate personal representative: If there is no surviving spouse, child, or parent with the legal authority to bring a wrongful death claim, the personal representative (executor or administrator) of the deceased person’s estate may file a wrongful death lawsuit for the benefit of the deceased person’s next of kin.
Determining who has standing to file is important. A lawsuit brought by the wrong person can be dismissed.
What Damages May Be Recovered in a Wrongful Death Lawsuit?
Georgia law allows eligible family members to seek compensation for the full value of the deceased person’s life. These damages generally include both economic damages, which compensate for the financial value of the life that was lost, and non-economic damages, which recognize the intangible value of the deceased person’s life.
Depending on the circumstances, recoverable damages may include:
- Lost income and future earning capacity
- Employment benefits and other financial contributions
- The value of services the deceased person would have provided to their family
- The intangible value of the deceased person’s life, including relationships, experiences, and enjoyment of life
In some cases, the deceased person’s estate may also pursue separate claims for medical expenses, funeral and burial costs, and the conscious pain and suffering experienced before death.
Contact Malone Law Medical Malpractice and Severe Injury Lawyers To Schedule a Free Consultation With an Atlanta Wrongful Death Attorney
A wrongful death lawsuit cannot replace a spouse, parent, child, or other loved one. It is designed to hold negligent parties accountable. It also provides financial support to the family left behind. If someone you love has died because of the negligent or wrongful acts of another, you have options.
Contact Malone Law Medical Malpractice and Severe Injury Lawyers for a free consultation with an Atlanta wrongful death lawyer. We can explain your legal rights, walk you through the process, and hold wrongdoers accountable for your loss.
We proudly serve in Fulton County.
Malone Law Medical Malpractice and Severe Injury Lawyers
2 Ravinia Dr NE Suite 300
Atlanta, GA 30346
(770) 390-7550