Wrongful Death |
A "wrongful death" is a death due to the negligence, wrongful act or misconduct of another. Wrongful death is a basis for a lawsuit and it can be brought against an individual, corporation or other legal entity. Persons such as the decedent's immediate family members (surviving spouses and children, and sometimes parents or siblings) may bring the action as a representative of the deceased individual’s estate. Actions for personal injury, conscious pain and suffering, or medical expenses incurred prior to the decedent's death are also brought by the personal representative. The damage awards from these actions belong to the estate and may pass to different parties as directed by the decedent's will or under the Georgia laws of descent and distribution if the decedent did not have a will. A legal cause of action for wrongful death may arise out of a number of different circumstances, such as the following:
• Airplane accident • Criminal behavior resulting in death • Defective drugs or medication • Faulty equipment and products liability • Medical malpractice resulting in death • Negligent act of a third party • Negligent security • Reckless act by another person
is against the county, state or other local entity, an ante litem notice needs to be timely sent, sometimes within as soon as six months from the date of the injury and/or death. Those time periods may vary depending on the type of injury that the decedent suffered from and whether it was known or foreseeable that an action existed at the time of death. In a wrongful death action, pecuniary or financial injury is the main measure of damages. Pecuniary injuries usually are interpreted as including the loss of support, services, lost prospect of inheritance, and medical and funeral expenses. Additionally, punitive damages may be available in a wrongful death action in which there was malicious or reprehensible conduct by that of the defendant. If the appointed representative of the decedent’s estate paid for or are responsible for the decedent's funeral or medical care, then those expenses may be recovered as well. If you think that you, or someone you are close to, may have a claim for a wrongful death, immediately contact one of our attorneys so that they may better help you examine your case and advise you. It is important to preserve any evidence you feel may be beneficial to your case. |
Practice Areas |
| Deming, Parker, Hoffman, Campbell & Daly, L.L.C. |
| Attorneys At Law Since 1974 |
| 770-564-2600 Metro Atlanta 912-527-2000 Savannah |
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| Injured in Savannah, GA Savannah, Georgia Personal Injury Lawyer |