In 2016, the Center for Disease Control estimates that 4,021 people died as a result of accidents, 1,571 people died due to firearms, and there were 806 homicides in Georgia alone. Undoubtedly, some of these tragic fatalities were unavoidable or just simply the result of tragic circumstances, but some of them were the result of negligent acts that could have been avoided.
In these tragic instances, the family members who lost a child, parent, or other family member due to another person’s poor choice want justice, and the wrongful death attorneys at Cambre and Associates are dedicated to ensuring that these survivors not only have their day in court, but also receive the justice their deceased family member deserves.
What is a Wrongful Death Suit?
Georgia law allows the family members of an individual who died as a result of the negligent or criminal actions of another person to seek compensatory damages for the loss of their family member. The law affords the family members of the deceased this ability, because the other individual or entity is usually responsible and therefore, directly liable for the death of their loved one. In some cases, a wrongful death case can be pursued against an individual or company in addition to criminal charges.
How does a Wrongful Death Occur?
Wrongful death cases take many forms. Pursuant to O.C.G.A. §51-4-5, a wrongful lawsuit can be initiated by a personal representative when the death of a human being is the result of a crime, negligence, or criminal negligence. However, there are strict rules as to who can initiate a wrongful death claim.
For example, If a spouse or parent has been the victim of a homicide, the surviving spouse has the ability the initiate a wrongful death claim. In the event that there isn’t a surviving spouse, the children of the victim can initiate the lawsuit. Georgia’s strict rules regarding wrongful death actions demonstrate why you should always consult with a wrongful death attorney prior to initiating a wrongful death claim in order to determine who is entitled to initiate the lawsuit.
Events that Commonly Cause Wrongful Death Suits
Georgia’s wrongful death statute is broad enough to allow many types of wrongful death cases to be filed. These cases can range from mere negligence such as malpractice to many types of homicide such as murder or vehicular homicide.
There are many criminal activities that can be grounds for a wrongful death case. Moreover, the individual that commited the crime does not have to intentionally cause a loved one’s death for there to be a valid claim. Sometimes, a wrongful death suit can arise from an individual committing crime that indirectly contributed to a family member’s passing. Some of the common crimes that can be grounds for a wrongful death suit include:
- Intentional Homicide
- Unintentional Homicide
- Reckless Driving
- Unlawful or criminal acts that result in death
A wrongful death claim can arise due to the actions of negligent drivers as well. Events causing a loved one’s passing such car accidents, DUI, and vehicular homicide can all be potential grounds for a wrongful death case, because in these instances, the at-fault individual’s actions were either negligent or criminal and resulted in the death of a human being.
Throughout history companies have infamously created products that can cause death. In some cases, a company might be completely unaware of the united risks their products pose, and in other cases, a manufacturer is aware and just simply acted irresponsibly. In both instances, a wrongful death claim can be brought against the manufacturer of a defective products such as cars, food, or medications.
Wrongful Death Accidents in Atlanta, GA
At the Law Office of Cambre and Associates, we understand that the loss of a loved one is a devastating event that can change your life forever, and our wrongful death attorneys are dedicated to helping you through this difficult time in your life. Often, our clients want to make sure that the individual responsible for the death of their loved is simply held accountable, and our team of wrongful death lawyers are ready to aggressively pursue the justice that your family deserves. So, call our office today for a free consultation.
- What Happens in an Atlanta Wrongful Death Lawsuit?
- Wrongful Death Damages
- The Georgia Wrongful Death Act
Other Practice Areas
- Car Accidents
- Motorcycle Accidents
- Truck Accidents
- Bicycle Accidents
- Pedestrian Accidents
- Lyft & Uber Accidents
- Taxicab Accidents
- Bus Accidents
- Nursing Home & Elder Abuse
- Public Transportation Vehicle Accidents
- Premise Liability
- Slip and Fall Accidents
- Medical Malpractice
- Dog Bite
- Workers’ Compensations
- Product Liability
- Professional Negligence
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