What is considered wrongful death in Georgia?

| Nov 6, 2019 | Wrongful Death |

A tragic loss

When you lose someone you love unexpectedly, it feels like your world is crumbling around you. Nothing and no one could ever replace them, and you wonder if you will ever feel normal again.

The loss is even more painful when another person’s careless actions caused their death, and they got to walk away from the incident relatively unaffected.

While nothing could ever truly rectify the situation, it could help to pursue a wrongful death suit.

What is wrongful death?

Georgia state law designates wrongful death as a person’s death that was caused by the negligent, reckless, intentional, or criminal acts of another person or entity.

Here are a few examples of what that would look like:

  • Someone dying as a result of medical malpractice
  • Someone passing away in a car or plane accident
  • Someone dying at work due to dangerous conditions
  • Someone dying at the hands of someone else’s criminal behavior

The components of a wrongful death suit

Besides having someone pass away due to the negligence of another party, there are a couple of other conditions that also must be present.

First, the death of that person must have caused pecuniary injuries. This means that surviving family members are unable to support themselves without the decedent’s income, or that they otherwise lost a crucial part of their support system. It could also mean that they lost inheritance or are struggling with the decedent’s medical and funeral costs.

Second, to pursue a lawsuit, someone has to be appointed a personal representative of the person who passed away.

Who can sue for wrongful death?

A personal representative could be any surviving family members of the person who passed or another person who was close to them. Of course, the court will have the final say in approving a personal representative.

To sum it up

While reeling in the grief following the tragic death of a loved one, a lawsuit can be a lot even to consider pursuing. Take the time you need to grieve, but keep in mind that this could be an option for you. An experienced attorney could be a great resource in helping you navigate the process, as well.