The loss of a loved one brings immense grief, and oftentimes, personal and financial hardship for those left behind. When a victim dies due to someone else’s negligent conduct, survivors have the right to seek wrongful death damages against the responsible parties. A skilled Athens wrongful death lawyer at Ruppersburg Injury & Accident Attorneys can help bring security and justice to your family.
What Is Wrongful Death?
Whenever a person dies due to someone else’s negligence or wrongdoing, a wrongful death case arises. In many ways, wrongful death is an extension of personal injury law because many of the same underlying causes are common between the two.
Any sort of negligent act or omission that brings about the death of another individual may qualify for a wrongful death claim. A wrongful death lawsuit is designed to compel the negligent party. The negligent party will need to pay compensation, known as damages, to the plaintiff. Wrongful death damages are pursued in civil court; however, depending on the nature of the case, separate criminal proceedings may also be pursued by prosecutors.
While most wrongful deaths are the result of accidents, deliberate acts, such as assault, that lead to a person’s death can also serve as the basis for a claim. Regardless of the nature of the claim, the plaintiff must prove:
- The defendant owed a duty of care to the deceased victim: For instance, while driving, the driver must drive safely and obey traffic laws.
- The defendant breached this duty of care: This can happen negligently or intentionally. Drunk driving that causes a victim’s death is a breach of duty of care.
- The breach caused the victim’s death: Known as causation, this element can be complicated when several defendants are involved.
- The plaintiff suffered losses as a result: These are known in the law as damages, discussed in more detail below.
An experienced Athens wrongful death lawyer can help you identify if your case meets the requirements of a wrongful death claim.
Common Types of Wrongful Death Claims in Athens
Because of their similarity to personal injury cases, many of the same incidents that give rise to personal injury lawsuits can serve as the basis for a wrongful death action. Examples include:
- Car accidents: Car accidents are among the most common causes of wrongful death claims. Causes may include drunk driving, speeding, distracted driving, or any other irresponsible or reckless driving maneuvers.
- Truck accidents: Large trucks are capable of inflicting catastrophic, often fatal injuries. In addition to the truck driver and trucking company, other potentially liable parties include cargo companies and truck parts manufacturers.
- Motorcycle, bicycle, and pedestrian accidents: Pedestrians and those who ride motorcycles and bikes are particularly at risk of a vehicle striking and killing them.
- Aviation accidents: Airplane crashes may be caused by numerous factors, with various parties possibly being negligent. The airline, pilot, plane manufacturer, and potentially others can be named as defendants in these types of accidents.
More Types of Wrongful Death Claims in Athens
- Work-related accidents: Although workers’ compensation provides death benefits for on-the-job fatalities, third parties (such as the manufacturer of defective equipment) may be liable as well.
- Medical malpractice: When doctors and other healthcare professionals make unreasonable mistakes that cause death, they can be held accountable.
- Dangerous and defective products: Manufacturers are required to ensure their products are safe for consumer use and they come with adequate warning labels and instructions. Manufacturers, retailers, and distributors may all be liable for a wrongful death.
- Nursing home abuse and neglect: The elderly often die from poor, abusive, unsafe, or neglectful nursing home conditions. Not only can a wrongful death lawsuit bring justice to the family, but it can also serve to shut down a potentially deadly facility.
- Dog and other animal attacks: Dangerous and vicious animals, including but not limited to dogs, should be kept secure so they don’t attack others. Owners can be held liable for injuries caused by their pets.
Who Can File a Wrongful Death Claim?
The representative of the deceased victim’s estate (typically the executor) can file a wrongful death claim on behalf of the surviving family members. These individuals are known as the real parties in interest and can include:
- A surviving spouse
- If there is no surviving spouse, then the victim’s children
- If there are no surviving children, then the victim’s living parents or guardians
- If none of these apply, then the lawsuit can be filed on behalf of the deceased victim’s estate
Recoverable Damages
Plaintiffs can seek a variety of damages to compensate them for not only the pain of losing their loved one but also the resulting personal and financial turmoil. Examples of potential damages include:
- Lost income the victim would have earned
- The victim’s final medical expenses before death
- Compensation for the victim’s pain and suffering
- Funeral and burial expenses
- Lost companionship
- Lost inheritance
What Are Common Defenses to Wrongful Death Claims in Georgia?
If you and your family bring a wrongful death lawsuit, you should understand the potential defenses the at-fault party may use. These may include the following
- Statute of limitations: Generally, and with limited exceptions, the plaintiff only has two years from the date of the victim’s death to file a wrongful death lawsuit. If it is filed after the statute of limitations has expired, the case will be dismissed.
- Comparative negligence: This means that the deceased victim in some way contributed to his or her death. If proven, this may reduce or eliminate the defendant’s liability.
- Assumption of risk: If the deceased victim knew about the risk of some activity but signed a waiver releasing potential legal claims, this may serve as a defense.
- Self-defense: The defendant may argue that he or she killed the victim in a legitimate act of self-defense. The force exercised against the deceased victim must have been reasonable under the circumstances.
Speak to an Athens Wrongful Death Attorney Today
Our team is here to explain your legal options and walk you through the steps of filing a wrongful death claim. Be mindful of the statute of limitations, and don’t delay taking action. To get started on your wrongful death claim today or learn more, call Michael Ruppersburg 706.354.1000 at Ruppersburg Injury & Accident Attorneys to speak to our Athens wrongful death lawyer today.
Wrongful Death FAQs
What is the process for filing a wrongful death lawsuit?
The process usually begins with filing a notice of claim and collecting the evidence needed to support it (e.g. accident reports and eyewitness statements). A lawsuit will be filed. That opens the door to negotiations with the defendant’s attorneys and insurance company. If negotiations fail, the matter proceeds to trial.
How long will my wrongful death case take?
The duration of the lawsuit will be based on various factors, such as the complexity of the case, availability of evidence, and whether the defendant’s lawyers and insurers will negotiate in good faith. Plaintiffs should expect at least several months. Your lawyer will work diligently to achieve the best outcome as expeditiously as possible.
How much does it cost to hire a wrongful death attorney in Athens?
Some lawyers charge a flat fee for their services while others charge hourly rates. Our firm offers a free consultation to explore your options and help devise a strategy that you and your family can afford.
