How Do You Prove Wrongful Death?

By Staff Reporter Sep 30, 2019 02:48 PM EDT

When someone has died a wrongful death it is imperative to get justice and for the people responsible to be held accountable for their part in the death. Georgia's wrongful death laws are very specific about what to do in a wrongful death suit.

Wrongful Death Definition

According to the State of Georgia, you must be able to prove that the wrongful death was:

- Negligent: It resulted from inadequate consideration or care of medical personnel or caregivers, and must have been preventable.

- Criminal intent: The person dispensing the medication or ordering treatment willingly oversaw a dosing or action that would kill the patient.

- Direct Cause: The death occurred because of the action or dosage in question, and could not be the result of another action or cause.

- The death must have resulted in hardship for the surviving family members, or otherwise directly affected them.

Types of Wrongful Death in Atlanta

There are many ways you can sue for wrongful death in the state of Georgia.

Drowning

A drowning can occur for many reasons, and with wrongful death, it can be the result of a number of factors including a lack of supervision around swimming pools or lakes, inexperienced lifeguards, a slip and fall resulting in a person falling into water consciously or unconsciously or the recklessness of other people in the water.

Homicide

The law defines this as a human being's death as the result of criminal negligence, defective machinery or property that was thus responsible for the death, or a criminal act.

Wrongful Death of a Child

The code explains that the death of a child by homicide can be claimed as a wrongful death by the parents of the deceased child.

Medical Malpractice

Medical malpractice is when you can prove that the negligent, criminal, reckless, or intentional action was the direct cause of death. An example that made national news in 2009 was the case of Emily Jerry, a 2-year old who was killed when a pharmacy technician mixed her IV chemotherapy medication in a bag of the incorrect diluent, and his coworker did not adequately check the solution before it was administered. Georgia has medical malpractice laws

What Damages You Can Claim

You can claim any funeral expenses and medical fees related to the deceased's condition prior to their death. You can also claim the lost wages that would have been earned had the person lived.

You can also sue for intangible losses suffered. If the deceased was a caregiver for another person, for example, then such losses can be claimed. Each person is also a unique and precious individual, so you can also claim the loss of companionship this person provided.

Who Can Claim Damages

The first person the state of Georgia recognizes as being able to make a claim is the deceased's spouse, followed by the deceased's children. Then, if the deceased has neither, the next people who can make a claim are the deceased's parents or an authorized representative of their estate.

If you lost someone you love to a wrongful death then the responsible party is accountable to you. Losing anyone to wrongful death is emotionally excruciating, and a compassionate Atlanta wrongful death attorney can provide you the counsel and kindness you deserve while also fighting for your justice.