Wrongful Death Attorney Serving Atlanta, Georgia

Death Due to Negligence: Can You File a Wrongful Death Suit?

A loved one&'s death is always tragic. However, the pain of losing a family member can be even harder to bear if they’ve died due to the negligence of another. This includes fatalities caused by:

•  Criminal behavior

•  Medical malpractice

•  Motor vehicle or airplane accidents

•  Occupational hazards 

If you’ve lost a loved one through someone else’s negligence, you could be eligible to file a wrongful death suit and obtain monetary compensation.

Death Caused by Negligence: The Elements of a Claim

When someone dies as a result of another’s negligence, this usually triggers a criminal trial.

However, the surviving members of the deceased’s family may also file a civil suit for wrongful death. You need to prove that your family member died as a result of another’s negligence or intentional behavior.

To establish negligence, you would further need to show that the other party owed the deceased a duty of care but failed to exercise reasonable care under the circumstances.

Finally, there should be a personal representative for the victim’s estate. They are the only party that can bring a wrongful death suit on behalf of the estate.

What Damages Can You Obtain in a Wrongful Death Suit?

You may be able to get damages for:

•  Loss of financial support

•  Loss of services

•  Loss of prospects of inheritance

•  Loss of consortium

•  Medical and funeral expenses

•  Punitive damages

•  Your loved one’s pain and suffering

Any such award belongs to the estate. It may then pass to other parties, as per the decedent’s will.

Did You Lose a Family Member Due to Another’s Negligence?

We at Walker Law Group can help you get the compensation you deserve.